Legal Opinion
Chandler v. Bicknell
New York Supreme Court
Decided October 15, 1825PublishedCited by 3 opinions
The plaintiff unexpectedly failing at the trial to establish by proof the absence from the state of a subscribing witness to the bond on which this suit was brought, so as to let in secondary evidence; on his motion, the Circuit Judge allowed him to withdraw a juror; and the cause went off for the circuit. And, now,
1Opinion of the Court
Curia.
We do not see why this case should not stand on the same footing, as if the cause had gone off at the circuit, for want of sufficient testimony on the part of the plaintiff, without a jury being sworn. We might refuse to nonsuit the plaintiff, or excuse from stipulating; hut not from costs. There must be the usual rule nisi.
Motion granted.
2Cited by3 opinions
- Planer v. SmithWisconsin Supreme Court · 1876
- State Ex Rel. Polk v. JohnsonWisconsin Supreme Court · 1970
- Linda Plemons, A/K/A Linda Plemons Buechler v. Douglas Q. Gale Advantage 99 Td, a Delaware Business Trust, by and Through Its Trustee, and U.S. Public Finance, Incorporated, a Delaware Corporation, National Tax Lien Association, Amicus Supporting Linda Plemons, A/K/A Linda Plemons Buechler v. Douglas Q. Gale Advantage 99 Td, a Delaware Business Trust, by and Through Its Trustee, and U.S. Public Finance, Incorporated, a Delaware Corporation, National Tax Lien Association, Amicus SupportingCourt of Appeals for the Fourth Circuit · 2005