A Treatise On the Civil Jurisdiction of Justices of the Peace to Which Are Add

Cover A Treatise On the Civil Jurisdiction of Justices of the Peace to Which Are Add
A Treatise On the Civil Jurisdiction of Justices of the Peace to Which Are Add
Thomas W Thomas Whitney Waterman
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343, sec. 120. ) 1. If the plaintiff discontinue or ivithdraw his action. A plaintiff may, as a general rule, discontinue or withdraw his action at any time before a verdict is received and recorded, or before judgment has been rendered by the Justice, where the trial is without a jury. But where the trial is without a jury, the plaintiff cannot withdraw his action, and become nonsuit, after the cause has been finally submitted to the Justice, for his decision. (11 J. R. 457. ) The plaintiff, i...t would seem, cannot discontinue or witlidraw his action at any time other than when the parties are to ap- pear before the Justice, except with the consent of the defend- ant. As if a cause has been adjourned, the plaintiff cannot at any time previous to the time appointed for trial, withdraw the suit, unless both parties appear before the Justice for that pur- pose. The reason for this rule is, that where the plaintiff dis- continues, or withdraws his action, the Justice must forthwith render judgment, and enter the same in his docket.

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