Donosa v. Ueltzen

Opinion by

Baldrige, J.,

The plaintiff brought this action to recover damages for breach of a contract. The case came on for trial and had proceeded to the taking of evidence upon the part of the defendant when counsel for plaintiff moved the court “to enter a voluntary nonsuit in this case with leave to take it off.”

Our statutory regulations on the subject of voluntary nonsuit are found in the Act of March 28, 1815, 6 Smith Laws 208, which reads: “Whenever, on the trial of any cause, a jury shall be ready to give in their verdict, the plaintiff shall not be called, nor shall he then be…