Thweat & Hinton v. Adam Finch
Court of Appeals of Virginia
Finch brought an action upon the case, in the District Court of Petersburg, against Thweat and Hinton, as inspectors of Robert Bolling’s warehouse.
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Finch brought an action upon the case, in the District Court of Petersburg, against Thweat and Hinton, as inspectors of Robert Bolling’s warehouse. The declaration states, that the defendants, having inspected and passed three hogsheads of tobacco, the property of the plaintiff, they refused to deliver him the usual notes, or receipts for them, as by law, and the duty of their office, they were bound to do; but had delivered the notes and the tobacco to other persons, having no authority from the plaintiff to receive the same, contrary to law, and the duties of their office. Plea, Not Guilty.…
1Opinion of the Court
The President
delivered the opinion of the Court.
Upon a motion for a nonsuit, the Court may give their opinion, that the plaintiff has no cause of action, and may direct him to be called. But he may, nevertheless, appear and refuse to be nonsuited, nor can the Court compel him against his will.
So, on the other band, the Court may declare that the action is maintainable—-or may refuse to give any opinion to the jury, and so leave the whole question with them ; if they do instruct, still the jury may find against the opinion of the Court, who have no remedy left but to grant a new trial.
So, if…
2Cases cited1 opinion
- Dunbar v. BealeSupreme Court of Virginia · 1816