 | Esek Cowen, New York (State). Supreme Court - 1836 - 828 Seiten
...signature to it, beside that of P. Cleveland. It was not signed by the plaintiffs or either of them. The defendant's counsel moved for a nonsuit, on the ground that the plaintiffs ought to have declared on the special agreement; and also that as the agreement was made... | |
 | Georgia. Supreme Court - 1848 - 702 Seiten
...counsel 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,... | |
 | New York (State). Supreme Court, John Lansing Wendell - 1850 - 542 Seiten
...procuring an abortion. On the trial of the cause, the words as laid down in the declaration were proved. The defendant's counsel moved for a nonsuit, on the ground that the words alleged to have been spoken by the defendant were not per se actionable ; that there was no averment... | |
 | Oliver Lorenzo Barbour - 1852 - 716 Seiten
...the sheriff; that 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... | |
 | Nathan Howard (Jr.) - 1852 - 496 Seiten
...notice of intention to sell, &c., and reserving the one-sixth part of the purchase-money on such sale. The defendant's counsel moved for a non-suit on the ground that the defendant had held adversely more than twenty -five years. The court overruled the motion, and defendant's... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 Seiten
...the defendant, on the suhject of the sale, to which the defendant replied, disavowing the contract. The defendant's counsel moved for a non-suit, on the ground that the plaintiff ought to have declared on the special contract to give notes, with an indorser, at 4 and 5 months,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 718 Seiten
...the money mentioned in the instruments upon which this action is brought. The testimony being closed, the defendant's counsel moved for a nonsuit, on the ground that the plaintiff was bound to interpose his demand as a defense to the proceeding under the Smith «. Weeks. lien law,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 Seiten
...Peck, all his interest in his father's estate, . aside from the farm awarded to him. On these facts, the defendant's counsel moved for a nonsuit on the ground that the award was void and transferred no title to the premises to Eleanor Cameron, the lessor of the plaintiff,... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 434 Seiten
...deceased, he was within the bounds of the street or highway. At the close of the Defendant's argument the Defendant's counsel moved for a nonsuit, on the ground that the deceased was guilty of negligence, which was refused, and exceptions taken. Some other questions were... | |
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The defendant moved for a nonsuit on the ground that the plaintiff had failed to establish... 
