National Broadway Bank v. Lesley

Citations

• 31 Fla. 56

Syllabus

<p>By the common law, as modified by the Statute of Henry IV, Chapter 7, a plaintiff had the right to a voluntary non-suit at any time before verdict rendered, but under Section 103, McClellan’s Digest, page 835, the plaintiff will be barred of such right unless he avail himself of it before the jury retire from the bar. If the plaintiff apply for non-suit before the jury retire from the bar, it will be error to refuse it.</p>