Wright v. Bartlett
Supreme Court of New Hampshire
This was assumpsit upon two promissory notes, made by the defendants, and payable to the plaintiff, or order; and, at the October Term, A. D. 1861, it was tried here and a verdict directed for the plaintiff for $3939.88, upon the evidence reported in the case reserved for the whole court, which may be referred to as part of this case.
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This was assumpsit upon two promissory notes, made by the defendants, and payable to the plaintiff, or order; and, at the October Term, A. D. 1861, it was tried here and a verdict directed for the plaintiff for $3939.88, upon the evidence reported in the case reserved for the whole court, which may be referred to as part of this case. This verdict was. set aside at the June Law Term, A. D. 1862,' and since the former trial one of the defendants, Eliphalet Case, who was then the principal or only witness, has died. And now at this January Trial Term, 1864, the plaintiff moves to become…
1Opinion of the CourtNesmith, J.
It may be assumed to be now the general practice in the courts of law in this country, that a plaintiff may, at his own pleasure, or by right, either discontinue his suit, or become nonsuit, at any time before his cause is opened to the jury. Coke Littleton, 138, 139; 2 Sellon’s Practice, 384, 386; Comyn’s Digest, Pleader, W. 5; Judge of Probate v. Abbot, 13 N. H. 22; Caverly v. Jones, 23 N. H. 573; Bailey v. Kimball, 26 N. H. 351.
In England, the practice has been regulated by at least two statutes. By chap. 7 of Henry 4, it was ordained, that, after verdict, a plaintiff shall not be nonsuit,…
2Cases cited3 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Locke v. WoodMassachusetts Supreme Judicial Court · 1820
- Newman v. WilliamsMississippi Supreme Court · 1855
3Cited by2 opinions
- Appeal of NolanSupreme Court of New Hampshire · 1991
- Total Service, Inc. v. Promotional Printers, Inc.Supreme Court of New Hampshire · 1987