 | Elihu Hall Bay - 1809 - 552 pages
...was 5O Jo!- „ JJ Executors of lars. Upon closing the evidence on part of plaintiff, Falconer moved for a nonsuit, on the ground that the plaintiff had not proved his case as stated in the declaration, for that the witnesses had all proved that the deceased had... | |
 | South Carolina. Court of Appeals, Robert H. Speers - 1844 - 894 pages
...sent him the keys, and he gladly accepted them. This was the plaintiff's case; the defendant moved for a non-suit, on the ground that the plaintiff had not proved he was turned off. The motion was overruled. The defendant called, and swore HJ Green, who proved that... | |
 | South Carolina. Court of Appeals, James Sanders Guignard Richardson - 1845 - 632 pages
...defendant, a justice. The judgment and execution in attachment and the levy and sale were proved. Motion for a nonsuit, on the ground that the plaintiff had not proved that the defendant proceeded irregularly, and resisted, on the ground that there was nothing to shew that the... | |
 | Georgia. Supreme Court - 1848 - 702 pages
...omitted, in his declaration, a tract of land embraced by the bill. When the plaintiff closed, defendant's counsel moved for a nonSuit, on the ground that the plaintiff had not sustained his case by Martin w. Philips. the proof, and that his damage, if he were damnified, had... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1849 - 706 pages
...possession, and liable to be taken upon the said execution. At the close of the plaintiff's testimony, the defendants' counsel moved for a nonsuit, on the ground that the property seized appeared to belong to John Merritt, the defendant in the execution, and not to the... | |
 | California. Supreme Court - 1851 - 672 pages
...return shows was given, and upon this the plaintiff rested his case. The counsel for the defendant moved for a nonsuit, on the ground that the plaintiff had not proved a sufficient case to go to the jury. The court denied the motion, on the ground that the court could... | |
 | Oliver Lorenzo Barbour - 1852 - 716 pages
...he was a judge of lumber, and it was worth $200. The plaintiff rested his case, and the defendant's counsel moved for a nonsuit, on the ground that the plaintiff had not proved his title to the lumber replevied ; which motion the judge denied, and the defendants' counsel excepted.... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1854 - 722 pages
...on the plaintiff's demand amounted to $92, 84, rested his case. The defendant's counsel then moved for a nonsuit, on the ground that the plaintiff had not proved the allegation in the complaint that the moneys lent were promised to be returned on the 1st of July,... | |
 | David Graham (Jr.) - 1855 - 650 pages
...promissory note, were partners, as by the said plaintiff alleged, and there rested. The defendants had moved for a non-suit, on the ground, that the plaintiff had not proved *the authority or consent of Foot to [*260] the making of the note. But the court were of opinion,... | |
| |
Counsel moved for a nonsuit, on the ground that the plaintiff had not pleaded in bar to, or denied the avowries of the defendants. 
