Practical Forms in Actions Personal And Real And in Chancery Now in Common Us

Cover Practical Forms in Actions Personal And Real And in Chancery Now in Common Us
Practical Forms in Actions Personal And Real And in Chancery Now in Common Us
P B Phineas Bacon Wilcox
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There may be a nonsuit after evidence given on both sides ; 21 Wend. 109. Where a plaintiff does not appear, a verdict cannot be taken against him, though there be a plea of tender : — He must be nonsuited; 11 £ng. Com. Law Rep. 107.
In the Courts of the United States a nonsuit cannot be ordered against the will of the plaintiff; 1 Pet. 471 ; See 5 Blackf. 115. In Ohio, the Court may direct a nonsuit for irrele- vancy of testimony, and on various other grounds ; Swan's Stat. 676, 555. And when
...ordered the Court will compel obedience, and not leave it optional with the plaintiff to comply or not ; if the plaintiff refuse, the Court cannot order the jury to find for the defendant ; Wright, 334, 337, 420. A plaintiff, after the jury has retired, cannot, by giving notice that he will not answer at their return, compel the defendant to have him called and nonsuited — the verdict may be taken in his absence ; Id. 383. Nonsuits are ordered where there is a total failure of evidence ; and where, taking all the evidence as true, it makes no case for the plaintiff: — but if refused on the ground of there being a prima facie case, and the plaintiff introduce fur- ther evidence which destroys his prima facie case, a Nonsuit will be ordered ; Id.

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