Fulford v. Converse
Supreme Court of New Hampshire
In this case an auditor was appointed, who made his report at the November term, 1869, and the plaintiff elected a trial by jury. At the April term, 1871, the case never having been opened to the jury, the plaintiff moved to become nonsuit, which motion the court denied, and the plaintiff excepted ; and the questions of law were reserved, by Bellows, C. J., for the consideration of the whole court.
1Opinion of the CourtDoe, J.
No question of discretion is reserved ; the only question is, *544■whether the plaintiff could become nonsuit as a matter of right. The rule in this state, when no trial except trial by jury is contemplated, is, that the plaintiff, before opening his case to the jury, may become non-suit as a matter of right: after the case is opened, and before the verdict, leave to become nonsuit is within the discretion of the court: after verdict there can be no nonsuit. Judge of Prolate v. Allot, 13 N. H. 21.
It would seem that the reason of the rule, and the rule itself, would apply, when the court or a…
2Cases cited1 opinion
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
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