Legal Opinion · Concurrence

Bryan v. Pinney

Arizona Supreme Court

Decided February 13, 1889No. Civil No. 238Published

APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Maricopa. William W. Porter, Judge.

1Concurrence

BARNES,' J.

I concur with Judge Porter. While tbe granting of an involuntary nonsuit may not always be such *36an error as should cause a reversal, yet iñ a case of doubt it should. Defendant has a right to such a judgment as shall bar him, unless plaintiff escape by a voluntary nonsuit. While there is a conflict of authority on this question, we prefer to follow the practice approved by the supreme court of the United States, which has appellate jurisdiction over the courts of territories, that involuntary nonsuits be not allowed. Elmore v. Grymes, 1 Pet. 469; D’Wolf v. Rabaud, 1 Pet. 476; Crane…

2Cases cited16 opinions

  1. Castle v. BullardSupreme Court of the United States · 1860
  2. Crane v. Lessee of MorrisSupreme Court of the United States · 1832
  3. D'Wolf v. RabaudSupreme Court of the United States · 1828
  4. Doe on the Demise of Elmore v. GrymesSupreme Court of the United States · 1828
  5. Silsby v. FooteSupreme Court of the United States · 1853

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