¶1In 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.
21 Wend. 109
Fort v. Collins
Decided May 15, 1839
New York Supreme Court · decided 1839-05-15
<p>A nonsuit granted after evidence given on hath sides, will not be set aside for that cause alone.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1839-05-15
How this case has been cited
Cited by 5 later decisions — most recently February 1927
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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