Legal Opinion

Railroad Co. v. Pollard

Supreme Court of the United States

Decided October 15, 1874PublishedCited by 1 opinion

Error to the Circuit Court for the District of New Jersey; the case being thus: By the practice in the courts of New Jersey, after a plaintiff rests his case, the defendant may move for a nonsuit; and if the court refuses to grant one, a bill of exceptions' . may be asked for, and on writ of error brought, the plaintiff in error may assign for error the refusal to grant the nonsuit.

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Error to the Circuit Court for the District of New Jersey; the case being thus: By the practice in the courts of New Jersey, after a plaintiff rests his case, the defendant may move for a nonsuit; and if the court refuses to grant one, a bill of exceptions' . may be asked for, and on writ of error brought, the plaintiff in error may assign for error the refusal to grant the nonsuit. By an act of Congress, approved June 1st, 1872,* it is enacted, “ That the practice . . . and forms, and modes of proceeding, &e., in the Circuit . . . Courts of the United States shall conform as near as may be…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

It is unnecessary to decide- in this case, whether the act of June 1st, 1872, by which the practice, pleadings, forms, and modes of proceedings, &c., in the Circuit and District Courts of the United States are made to conform as near as may be to the practice, pleadings, forms, and modes of proceedings in the courts of the States, gives to the Circuit Courts the power to order.a nonsuit against the will of the plaintiff in States where that power exists in the State courts, because, upon an examination of the record, we are all of the…

2Cited by1 opinion

  1. Railroad Company v. PollardSupreme Court of the United States · 1875

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