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14 Tenn. 319

Trice v. Smith

Tennessee Supreme Court

Decided March 15, 1834

Tennessee Supreme Court · decided 1834-03-15

In this case, upon the trial in the circuit court of Montgomery county, the plaintiff offered to read in evidence a bill of lading, which the court rejected. The plaintiff then voluntarily suffered a nonsuit. He afterwards moved the court to set aside the nonsuit, which the court refused to do. Prom the judgment of the court refusing to reinstate the cause, the plaintiff appealed in error to ,. this court-

Cited by 1 later decisions — most recently December 1950

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1834-03-15

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Green, J.

¶1delivered the opinion of the court.

¶2This court has repeatedly decided, that a writ of error will not lie on a refusal to reinstate the cause after a voluntary nonsuit. See also 6 Comyn’s Dig. Am. Ed. 443: 5 Cranch’s Rep. 290: 7 Cranch’s Reports, 152. Let the cause be dismissed.

¶3Writ of error dismissed-

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