Corder v. Corder
Court of Appeals of Texas
1DissentSutton, Justice
I am unable to agree the record in this case secures to the plaintiff the right under the rule to a non-suit. I think a similar statement of facts has never yet reached the courts.
The rule does not say at any time before the decision has been fully and finally announced, nor that the non-suit may be taken concurrently or simultaneously with the announcement but it says “before.” Announce or announced is defined to mean to give public notice of; to publish; to pronounce; to declare by judicial sentence, Webster’s New International Dictionary. “Before” means in advance of; earlier than;…
2Cases cited2 opinions
- Jifkins v. SweetzerSupreme Court of the United States · 1880
- Bettis v. SchreiberSupreme Court of Minnesota · 1883