Moore v. Herndon
Cases that cite this one
3 later published cases cite this decision.
- Marsh v. Graham (Iowa 1858)
- Montgomery v. Jones (Ind. 1854)
- Vestal v. Burditt (Ind. 1843)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
THE plaintiff having introduced his testimony was called, on the defendant’s motion, and nonsuited. It appeared that when the plaintiff was called, he was in Court and did not answer. Held, that the nonsuit was with the implied consent of the plaintiff, and that he was not entitled to a writ of error
In a case where the plaintiff had submitted to a nonsuit, it was held that a writ of error in his favour would not lie. Evans v. Phillips, 4 Wheat. 73. But if a plaintiff be nonsuited against his consent, he may have a writ of error. Strother v. Hutchinson, 4 Bingh. 83. See, also, Pollard v. Buttery, Vol. 3 of these Rep. 239.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.