Harris v. Hampton

It has been settled in this jurisdiction since Judge of Probate v. Abbot, 13 N. H. 21, “that the plaintiff may become nonsuit as a matter of right before opening to the jury.” Leonard v. Fahey, 87 N. H. 170, 171. See Barrett v. Cady, 78 N. H. 60, 63; Webster v. Bridgewater, 63 N. H. 296; Annot. 89 A.L.R. 13, 23. After a case is opened “leave to become nonsuit is within the discretion of the court.” Ingalls v. Railroad, 83 N. H. 397. The Court in this case could properly find that by proceeding to trial upon the appeals in question and presenting testimony before the Tax Commission, the…