David Carrick & Co. v. Morrison

(charging the jury.)

Gentlemen of the Jury: We instruct you to return a verdict in favor of the defendant.

The plaintiff being called by the Prothonotary, failed to answer.

Cooper, for the defendant, contended that the plaintiffs were both at the bar of the Court and should not be allowed to sit silent.

The Court considered that it was their privilege to do so, and since they had failed to answer, a nonsuit was ordered and the jury discharged.