Majority
p. 346Platt against Storer.
Headnote
A plaintiff' ill a raayC%vitMraw edfbeforethejttverdict ™ theirIN error, on certiorari. After the jury, before the justice, came into court with their verdict, the plaintiff withdrew, and did not again appear. The justice proceeded to take the verdict, which was for the defendant, and gave judgment accordingly.
The plaintiff has a right to withdraw, and submit to a nonsuit; and if he does, the verdict ought not to be received. It is as reasonable that a plaintiff should have this privilege in a justice’s court, as in any other ; for the verdict and judgment are equally a bar to a new suit in'that court. The judgment below must be reversed.
Judgment reversed.