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Fort v. Collins

21 Wend. 109 Court N.Y. Sup. Ct. English

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Majority

p. 109
Fort vs. Collins.

Headnote

A nonsuit granted after evidence given on hath sides, will not be set aside for that cause alone.

In this case, a motion was made on the part of the plaintiff to set aside a nonsuit granted at the circuit. The motion was made on various grounds, and among others, for that the nonsuit was ordered by the judge after evidence had been given on both sides, The Court said that the modern practice sanctioned the course which had been pursued at the circuit, and therefore they refused to set aside the nonsuit.