Imley v. Beard
California Supreme Court Jul 1, 1856Published
Before: Terry
Synopsis
An appeal does not lie, in favor of the plaintiff in an action, from a judgment of non-suit, entered on his own motion.
The opinion of the Court was delivered by Mr. Justice Terry. Mr. Justice Heydenfeldt concurred.
The judgment of non-suit having been entered on motion of the plaintiff, an appeal does not lie in his favor. See 5 Blackford, 168; 6 ib., 55; 4 Wheat., 73.
Judgment affirmed.
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