Dennistoun v. Rist
Supreme Court of Louisiana
APPEAL from the District Court of East Feliciana, Sterling, J. We submit that a judgment of nonsuit, even when voluntarily taken, is neither a discontinuance nor an abandonment. A discontinuance is a matter entirely within the discretion of tha party.
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APPEAL from the District Court of East Feliciana, Sterling, J. We submit that a judgment of nonsuit, even when voluntarily taken, is neither a discontinuance nor an abandonment. A discontinuance is a matter entirely within the discretion of tha party. O. P. 491, 492. The court can have no control over it. 3 L. R. 282. 6 Rob. 354. 14 L. R. 280. 1 Rob. 393. 17 L. R. 310. The whole range of authorities go to show that the discontinuance is a matter entirely within the discretion of the party, and with which the court can have nothing to do. A motion for a nonsuit, on the contrary, is addressed…
1Opinion of the Court
Campbell, J. (Voorhies, J., and Buchanan, J., absent.)
The appellants rely on their plea of prescription. The note sued on, matured in January, 1841. An action was brought in 1845, which terminated in November of that year, by a judgment in these words: “ On motion of Mb Vea, of counsel for plaintiffs, it is orderd,” etc., “ that judgment be rendered against the plaintiffs, as in case of nonsuit, with costs.”
The present suit was brought in March, 1846.
The question is, whether plaintiffs lost by their course at the trial of the previous action, the benefit of an interruption of prescription,…
2Cited by7 opinions
- Shepard Realty Co. v. United Shoe Stores Co.Supreme Court of Louisiana · 1939
- Teutonia Loan & Building Co. v. ConnollySupreme Court of Louisiana · 1913
- Guccione v. New Jersey Ins. Co. of Newark, N. J.Louisiana Court of Appeal · 1936
- Rives v. StarckeSupreme Court of Louisiana · 1940
- Andry v. Maryland Casualty Co.District Court, E.D. Louisiana · 1965
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