Haskell v. Whitney
Massachusetts Supreme Judicial Court
It appears, from the facts proved or admitted in this action, which was case upon sundry promises, that, at the November term of this Court, in 1813, the action was in course for trial. One of the parties then proposed to the other to refer this action, and all demands between the parties, to three arbitrators to be mutually chosen ; which being agreed to, a rule or agreement was drawn up, with a special provision as to certain specific demands.
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It appears, from the facts proved or admitted in this action, which was case upon sundry promises, that, at the November term of this Court, in 1813, the action was in course for trial. One of the parties then proposed to the other to refer this action, and all demands between the parties, to three arbitrators to be mutually chosen ; which being agreed to, a rule or agreement was drawn up, with a special provision as to certain specific demands. This agreement was * signed on the 14th of December, 1813, by the plain- [*48] tiff and by the attorney of the defendant. Afterwards, a different…
1Opinion of the CourtJackson, J.
The plaintiff or demandant may, in various modes, become nonsuit, or discontinue his suit, at his pleasure. At the beginning of every term, at which he is demandable, he may neglect or refuse to appear. If the pleadings are not closed, he may refuse to reply, or to join an issue tendered ; or, after issue joined, ha *50may decline to open his cause to the jury. The Court also may, upon sufficient cause shown, allow him to discontinue, even when it cannot be claimed as a right; as after the cause is opened, [*49] and the evidence submitted to the jury; This is * often done in the discretion of the…
2Cases cited2 opinions
- Pratt v. HullNew York Supreme Court · 1816
- Locke v. WoodMassachusetts Supreme Judicial Court · 1820
3Cited by42 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Derick v. TaylorMassachusetts Supreme Judicial Court · 1898
- Veazie v. WadleighSupreme Court of the United States · 1837
- Earl Carpenter & Sons Co. v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Locke v. WoodMassachusetts Supreme Judicial Court · 1820
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