Mason v. Lewis
Supreme Court of Iowa
Error, to Linn District Court. The court cannot compel the plaintiff to submit to a nonsuit, after the evidence has gone to the jury. 1 Peters, 471, 476; People v. Brown, 3 Gilman, 88; Amos v. Sinnott, 4 Seam. 447; Booe v. Davis, 5 Blackf. 115. The court erred in deciding that trespass and not case was the proper remedy. The bill of exceptions shows affirmatively that the plaintiff had title, and that he never had possession.
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Error, to Linn District Court. The court cannot compel the plaintiff to submit to a nonsuit, after the evidence has gone to the jury. 1 Peters, 471, 476; People v. Brown, 3 Gilman, 88; Amos v. Sinnott, 4 Seam. 447; Booe v. Davis, 5 Blackf. 115. The court erred in deciding that trespass and not case was the proper remedy. The bill of exceptions shows affirmatively that the plaintiff had title, and that he never had possession. Trespass is an injury to the possession, and this possession must be immediate, .at the time of the injury. 2 Phillips’ Ev. 184 ; 3 Starkie’s Ev. 143-5. Proof of title…
1Opinion of the Court
Opinion by
Greene, J.
This was an action on the case, commenced before a justice of the-peace, for removing a quantity of rails, and exposing the crops of the plaintiff. Judgment having been rendered against the defendants, the cause was appealed to the district court, where, upon their motion, a judgment of nonsuit was rendered, upon the ground that the action should have been trespass instead of case.
One of the errors assigned is,'that the court nonsuited the. plaintiff against his consent. In support of this position, authorities are cited to show that a court cannot compel a plaintiff to…
2Cases cited5 opinions
- Stuart v. SimpsonNew York Supreme Court · 1828
- Aikin v. BuckNew York Supreme Court · 1828
- Clements v. BenjaminNew York Supreme Court · 1815
- Gillespie v. DewSupreme Court of Alabama · 1827
- Goodrich v. HathawaySupreme Court of Vermont · 1829