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May v. Curry

4 Del. 265 4 Harr. 265 Court Del. English

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Majority

p. 265
HENRY MAY, d. b. plff. in error, vs. CURRY & DAVIS, plffs. b. defts. in error.

Headnote

A writ of error will not lie to the decision of a court granting or refusing a nonsuit.
Writ of error to the Superior Court. Heard before the Chancellor, and Judges Booth and Hazzard.

The case is fully set out ante p. 173, &c., and was argued in error on the same points by Layton and Clayton, for the defendant below, and by Houston, for the plaintiffs; but the court affirmed the judgment on another ground, to wit: that a writ of error will not lie to the judgment of a court granting or refusing a nonsuit.