People ex rel. Davis v. Judges of the Court of C. P.

There are certainly some provisions in the 50 dollar act, especially in the 36th section, inconsistent with the idea that a plaintiff appellee or appellant can be non-suited. But this is a right which the plaintiff has in all other courts. It is a common law right, which we think cannot be taken away by mere implication. The legislature have not denied it expressly; and till they do this, we must take it as their intention that it should remain.

Motion denied.