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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