McKesson v. . Mendenhall
Supreme Court of North Carolina
Motion for a. non-suit, heard by Mitchell, J., at Spring Term 1870, of Bubke Court. The principal facts are reported in S. 0. ante p. 286. Since the last term of this Court, in accordance with an intimation in its Opinion, as heretofore reported, the persons claiming to own the land (the heirs of McDowell,) were allowed by his Honor Judge Mitchell, upon affidavit filed, to become parties plaintiff, and file a complaint against all the original parties, and thereupon the…
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Motion for a. non-suit, heard by Mitchell, J., at Spring Term 1870, of Bubke Court. The principal facts are reported in S. 0. ante p. 286. Since the last term of this Court, in accordance with an intimation in its Opinion, as heretofore reported, the persons claiming to own the land (the heirs of McDowell,) were allowed by his Honor Judge Mitchell, upon affidavit filed, to become parties plaintiff, and file a complaint against all the original parties, and thereupon the former plaintiffs moved that they be permitted to take a non-suit. This was resisted by the McDowells, but was0 allowed by…
1Opinion of the CourtEodman, J.
Under the opinion given in this case, (ante 280,) the infant heirs of McDowell by their guardian, were permitted at Spring Term 1870, of Burke Superior Court, to intervene, and become parties plaintiff. Thereupon the original plaintiffs elected to be non-suited, which was allowed, and from this the McDowells appealed.
The single question presented, is, the right of the plaintiffs to take a non-suit. We think they have it.
In 1 Tidd, Pr. 458, it is said that the judgment of non pros. or non-suit, (the two terms meaning the same thing, but the former being proper in actions by Mil, and the latter…
2Cases cited2 opinions
- Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
- Boyd Ex. v. WhitfieldSupreme Court of Arkansas · 1858
3Cited by24 opinions
- Pearson v. MulloneyMassachusetts Supreme Judicial Court · 1935
- Bynum v. . PoweSupreme Court of North Carolina · 1887
- Caldwell v. . CaldwellSupreme Court of North Carolina · 1925
- Kent v. HumphriesCourt of Appeals of North Carolina · 1981
- Wharton v. Commissioners of CurrituckSupreme Court of North Carolina · 1880
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