Booe v. Davis

Trespass for breaking and entering the plaintiff’s close. Pleas, not guilty and liberum tenementum. The issues were submitted to a jury for trial. After the plaintiff had closed his testimony, the defendants moved the Court to nonsuit the plaintiff. The plaintiff objected, but the Court directed the nonsuit to be entered. The bill of exceptions states, “that the defendants having introduced no testimony, moved the Court to nonsuit the plaintiff, to which the plaintiff objected, but the Court overruled his objection and nonsuited' him; to which opinion, &c. the .plaintiff excepts.”

The only…