Withdraw

A claim which has been dismissed by the court, on the plaintiff's motion, for failure to make parties and prosecute the same, may, notwithstanding, be again interposed by the claimant; for this is not a "withdrawal," under the statute.

Lynch v. Bond, 19 Ga. 314.

Withdrawing a juror

This phrase describes a fiction to which the courts will sometimes resort when it clearly appears, upon the trial of a cause, that, owing to some accident or surprise, defect of proof, unexpected and difficult question of law, or like reason, the trial cannot proceed without injustice to one party. Suppose, for example, a paper necessary to the plaintiff's case is missing, and the loss is not discovered till too late to ask a postponement, the judge may allow the plaintiff to withdraw a juror, imposing terms, such as payment of costs, if deemed proper. The clerk then calls one juror out of the box; the plaintiff then objects to proceeding with only eleven jurors; and the trial is at an end for the time. The cause comes on again for trial de novo at a subsequent term; but, before that time, the plaintiff will have exerted himself to supply the defect or restore the missing evidence. Withdrawing record. As, in English nisi prius practice, the filing of a nisi prius record is a needful preliminary to a trial, so a withdrawal of that record, by the plaintiff's attorney, before the jury is sworn, postpones the trial.