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
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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.
What to read after A Treatise On the Civil Jurisdiction of Justices of the Peace to Which Are Add?
You can find similar books in the "Read Also" column, or choose other free books by Thomas W Thomas Whitney Waterman to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
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.
What to read after A Treatise On the Civil Jurisdiction of Justices of the Peace to Which Are Add?
You can find similar books in the "Read Also" column, or choose other free books by Thomas W Thomas Whitney Waterman to read onlineMoreLess
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