Bryan v. Pinney
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Maricopa. William W. Porter, Judge.
1Opinion of the CourtPorter, J.
The only question necessary to be determined in this ease is whether in this territory an -involuntary nonsuit can be granted. By the late Compiled Laws (sec. *352586) a nonsuit was granted (1) “by tbe plaintiff bimself at any time before trial, on tbe payment of costs; . . .(5) by tbe court upon motion of tbe defendant, wben upon trial tbe plaintiff fails to prove a sufficient ease for tbe jury.” Tbe Revised Statutes (sec. 764) provides: “At any time before tbe jury bave retired tbe plaintiff may take a nonsuit, but be shall not thereby prejudice tbe right' of an adverse party to be beard on…
2Cases cited5 opinions
- Castle v. BullardSupreme Court of the United States · 1860
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Doe on the Demise of Elmore v. GrymesSupreme Court of the United States · 1828
- Silsby v. FooteSupreme Court of the United States · 1853
3Cited by7 opinions
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- Roberts v. SmithArizona Supreme Court · 1898
- Santa Fe, Prescott & Phœnix Railway Co. v. FordArizona Supreme Court · 1906
- Jones v. MorrisonArizona Supreme Court · 1922
- Little v. BrownArizona Supreme Court · 1930
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