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Gulf & S. I. R. v. Williams

Gulf & S. I. R. Co. v. Williams

Gulf & S. I. R. v. Williams, 69 So. 215 (Miss. 1915)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
March 15, 1915
Judges
Cook, Smith
Citations
69 So. 215109 Miss. 429
Syllabus
Dismissal and Nonsuit. Voluntary. Discretion. A plaintiff, as a matter of right may suffer a voluntary nonsuit at any time “before the jury retires to consider their verdict,” and the trial court has no discretion in the premises.
Summary
Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cook

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Cook, J.,

delivered the opinion of the court.

In response to the suggestion of error, we wish to withdraw this expression from the opinion dismissing this appeal, viz.: “The granting of the nonsuit was a matter addressed to the discretion of the trial judge.” Plaintiff, as a matter of right, may suffer a voluntary nonsuit at any time “before the jury retire to consider their verdict,” and the trial court has no discretion in the premises. Before the jury retired to consider their verdict in the present case, plaintiff' elected to take a nonsuit, and that ended the matter; the plaintiff’s case then on trial was dismissed, and defendant has no right to complain.

Suggestion of error overruled.

Dissent — Smith

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Smith, C. J.

(dissenting).

I must adhere to the views expressed in my former dissenting opinion. I neither dissent from nor concur in those expressions contained in the former, as well as the present opinion in chief, dealing with this case on its merits, but wish to be understood as confining my opinion solely to whether or not the judgment appealed from is of such character as to entitle appellant to have it reviewed in this court; that being the only question presented by this motion.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 11921: 11926: 11931: 11932: 11937: 11968: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Lucedale Commercial Co. v. Strength141 So. 769 (Miss. 1932)
  2. Darby v. Pidgeon Thomas Iron Co.144 Tenn. 298 (1921)
  3. Hattiesburg Butane Gas Company v. Griffin206 So. 2d 845 (Miss. 1968)
  4. Edwards v. Yazoo & M. V. R.73 So. 789 (Miss. 1916)
  5. Gooch v. Coleman109 So. 18 (Miss. 1926)
  6. Cocke v. Taylor, Admr.13 Tenn. App. 15 (1931)

Most recent

  1. Hattiesburg Butane Gas Company v. Griffin206 So. 2d 845 (Miss. 1968)
  2. Hill v. Johnson-Cone Brick Co.177 So. 520 (Miss. 1937)
  3. Lucedale Commercial Co. v. Strength141 So. 769 (Miss. 1932)
  4. Cocke v. Taylor, Admr.13 Tenn. App. 15 (1931)
  5. Gooch v. Coleman109 So. 18 (Miss. 1926)
  6. Darby v. Pidgeon Thomas Iron Co.144 Tenn. 298 (1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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