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" Pollock now moved for a rule to show cause why the nonsuit should not be set aside and a new trial had. The plaintiff is entitled to recover the money paid for the shares, the consideration for the payment having totally failed. "
Reports of Cases Argued and Determined in the English Courts of Common Law ... - Page 44
by Great Britain. Courts - 1854
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 1

New Jersey. Supreme Court - 1816 - 540 pages
...Johnson, and the Chief Justice being ef that opinion the plaintiff was nonsuited.— A rule had been taken to show cause why the nonsuit should not be set aside, and at this Term the motion came on to be argued by Freling* huysen and Kirkpatrick in support of the rule...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 pages
...His lordship being of this opinion, nonsuited the plaintiff. A motion, however, was afterwards made for a rule to show cause why the nonsuit should not be set aside. But the Court were clearly of opinion, that the case was within the statute, and therefore refused...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1825 - 800 pages
...non-suited ; that afterwards, and in the course of the same term, the defendant's attorney was served with a rule to show cause why the nonsuit should not be set aside and a new trial had ; that in Trinity term following the rule was discharged, and that thereupon final judgment...
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A Treatise on Conveyancing: With a View to Its Application to ..., Volume 2

Richard Preston - 1825 - 596 pages
...proved, and reluctantly directed a nonsuit. — A rule having been obtained, calling upon the defendant to show cause why the nonsuit should not be set aside, and a new trial granted ; the case was argued, and the court being desirous that it should be considered...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1827 - 932 pages
...had, however, ordered it to be produced on the trial, if called for by the defendants. Mr. Merewether now moved for a rule to show cause why the nonsuit should not be set aside, and a new trial granted. This he did upon an affidavit, showing that the witness (the sheriff's officer)...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 13

Charles Petersdorff - 1831 - 590 pages
...judge 24 Geo. 2. w^° tr'etl 'he cause being of the same opinion, the plaintiff' was nonsuited. It was moved for a rule to show cause, why the nonsuit should not be set aside. Against the rule it was argued, that this act of 24 Geo. 2. was a remedial act, and to be construed...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 1

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1831 - 1052 pages
...limitation, and nonsuited the plaintiff. JP. Pollock (with whom was Dundas) now moved for a rule to shew cause why the nonsuit should not be set aside, and a new trial had. The learned Judge was of opinion that the wall having been once built, the mere raising it was not such...
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The Legal Observer, Or, Journal of Jurisprudence, Volume 1

1831 - 446 pages
...purpose, as a payment made by order of a competent authority, nonsuited the plaintiff. Gitttiey applied for a rule to show cause why the nonsuit should not be set aside. He contended, that as the defendant could not be bound to pay the money without the order of the Court...
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Reports of Cases Argued and Determined in the Court of ..., Part 115, Volume 3

Great Britain. Court of King's Bench - 1831 - 456 pages
...account the count on an account stated, nonsuited the plaintiff. A stated. 1782. PlNLKY V. BAGNALL. rule to show cause why the nonsuit should not be set aside and a new trial had, having been granted, Balguy was heard in support of the rule. — There was, at all...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1060 pages
...new company. The Lord Chief Justice nonsuited the plaintiff. F. Pollock now moved for a rule to shew cause why the nonsuit should not be set aside and...transaction upon which the- shares were purchased, is shewn by the evidence to have been a fraud ab initio. Then it cannot be said that the plaintiff, by...
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