Mason v. Haurand

The opinion of the court was delivered by

Parker, J.

This writ of error is in effect, though not in form, a review of the decision of the Supreme Court in Mason v. Haurand, 50 Vroom 375, which, although decided on rule to show cause, dealt with the very question of law now presented, viz., whether there was error in nonsuiting the plaintiff. The Supreme Court held that the nonsuit was proper, and its decision being upon a motion for new trial was not reviewable. But the plaintiff began a new action, and at the trial submitted her case by consent upon the printed hook of testimony and other…