 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1856 - 724 페이지
...testimony was given in relation to the commission of the alleged trespasses by the defendant. When the plaintiff rested, the defendant moved for a nonsuit, on the ground that the plaintiff had not shown any title in himself to the premises in question, and that he had... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 668 페이지
...one injured, by a train passing from east to west, near the west line of tbe plaintiff's farm. When the plaintiff rested, the defendant moved for a nonsuit, on the ground that the proof showed negligence on the part of the plaintiff and none on the part of the defendant.... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 434 페이지
...26, 1859, and the Defendant refused to deliver it up, stating that he was indemnified by Cure. When the Plaintiff rested, the Defendant moved for a nonsuit, on the ground that the receipt was not such as the Plaintiff, as sheriff, had a right to take, which motion was denied,... | |
 | Nevada. Supreme Court - 1873 - 436 페이지
...and that from which the cow strayed, is uninclosed public land. On the trial in the court below, when the plaintiff rested, the defendant moved for a non-suit on the ground that the evidence failed to show that the killing of the cow was occasioned by any negligence or want... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 페이지
...creditors ; and that thereafter he filed a petition in bankruptcy, and was adjudged a bankrupt. When the plaintiff rested, the defendant moved for a non-suit on the ground of a failure to make out a case against her. The court overruled the motion, and, upon the defendant failing... | |
 | Nicholas Hill - 1883 - 786 페이지
...barley for the plaintiff at his store in Joidan, both before and after the first day of November. When the plaintiff rested, the defendant moved for a nonsuit, on the ground, 1. that the plaintiff had not given any evidence of a readiness or willingness on his part to receive... | |
 | 1894 - 1156 페이지
...strictly one of fact to be decided by the trier. As such, we think the court below decided It It la true that upon our interpretation of the finding the...to the allowance of the amendment Under the statute (section 1023) the court clearly had the discretionary power to allow the amendment, and the power,... | |
 | 1890 - 1290 페이지
...stones, which were calculated to frighten horses and render driving with horses thereon dangerous. When the plaintiff rested, the defendant moved for a non-suit on the ground, among others, that the complaint did not state facts sufficient to constitute a cause of action, that... | |
 | 1892 - 1178 페이지
...and the sheriff's return thereon, and all the proceedings supplementary to the execution. And when the plaintiff rested the defendant moved for a nonsuit on the ground that, "upon the face of the judgment roll offered in evidence, it appears that the court had no jurisdiction... | |
 | Abraham Clark Freeman - 1894 - 1022 페이지
...more time upon this point, we think the above question is one of fact in the ordinary sense, and I6* that the case at bar clearly falls within the class...the allowance of the amendment. Under the statute, section 1023, the court clearly had the discretionary power to allow the amendment, and the power,... | |
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In the execution of the master's business all the time, and this is enough without so finding in terms. This court will not review such a finding upon the errors assigned. If, however, we should hold the question raised upon this point to be one of law,... 
