City of Lowell v. Merrimack Manufacturing Co.
77 Mass. 382
| Mass. | 1858
Shaw, C. J.

The court are of opinion that this motion ought to be allowed and the statement of facts discharged. A party may become nonsuit before going to a jury. This is not exactly that case, but it is like it. If there is danger of the defendants’ losing evidence of the facts which were admitted in the statement, they can perpetuate it in the mode provided by law. Plaintiffs nonsuit, with costs for the defendants.