Long v. Thwing
9 Ind. 179
This text of 9 Ind. 179 (Long v. Thwing) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Long v. Thwing, 9 Ind. 179 (Ind. 1857).
Opinion
The record before us contains the following averment:
“The Court, after hearing the evidence in the cause, find for the defendant. It is, therefore, considered that the defendant recover of the plaintiff his costs expended. Whereupon, the plaintiff moves the Court for leave to suffer a non-suit, which motion was resisted by the defendant, but sustained by the Court, and a non-suit granted — to which opinion of the Court in sustaining said motion and granting the non-suit, the defendant excepts.”
This ruling is plainly erroneous. After the finding and [180]*180judgment, the plaintiff should not have been allowed to suffer a non-suit. See Doughty v. Elliott, 8 Blackf. 405.
The judgment is reversed with costs. Cause remanded with directions to the Circuit Court to render judgment for the defendant below.
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Related
State ex rel. Potter v. Riley
118 S.W. 647 (Supreme Court of Missouri, 1909)
Thrasher v. Ballard
10 S.E. 411 (West Virginia Supreme Court, 1889)
Burns v. Reigelsberger
70 Ind. 522 (Indiana Supreme Court, 1880)
Cite This Page — Counsel Stack
Bluebook (online)
9 Ind. 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-thwing-ind-1857.