Legal Opinion

Brown v. Munger

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 4 opinions

Assumpsit on promissory note; plea, the general issue, and the defendant Munger also pleaded, puis darrein continuance, his discharge in bankruptcy. Replication, that no such discharge had been granted, &c. Issue on both pleas was joined to the jnrj, On the trial by the jury the plaintiff gave in evidence his note, and rested his case.

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Assumpsit on promissory note; plea, the general issue, and the defendant Munger also pleaded, puis darrein continuance, his discharge in bankruptcy. Replication, that no such discharge had been granted, &c. Issue on both pleas was joined to the jnrj, On the trial by the jury the plaintiff gave in evidence his note, and rested his case. The defendant Manger gave in evidence his certificate and discharge in bankruptcy, which was admitted without objection, and no other evidence was given by either party under the special plea in bar. The defendants then moved the court -for a nonsuit, or…

1Opinion of the Court

The opinion of the court was delivered by

Hebard, J.

The power of the court to order a nonsuit was fully considered in the case of Smith v. Crane, 12 Vt. 487, and we are well satisfied with the reasoning and the result at which the court arrived in that case. When the plaintiff appears in court, unless he neglect to comply with some order or rule of' court, he is entitled to a trial, and to a judgment in the usual way ; and the court will not order him to become nonsuit against his will.

A motion for a continuance is addressed to the sound discretion of the court, to be granted, or relhsed, as…

2Cases cited2 opinions

  1. Roseboom v. BillingtonNew York Supreme Court · 1819
  2. Smith v. CraneSupreme Court of Vermont · 1840

3Cited by4 opinions

  1. Castonguay v. Grand Trunk Railway Co.Supreme Court of Vermont · 1917
  2. Mapes v. FosterWyoming Supreme Court · 1928
  3. Jangraw v. PerkinsSupreme Court of Vermont · 1906
  4. State v. HenryNew York Court of General Session of the Peace · 1918

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