34 Md. 15 | Md. | 1871
delivered the opinion of the Court.
This cause was, under the provision of the Constitution, submitted to the Court for determination without the aid of a jury. The sole question for review is presented by the appellants’ exception to the action of the Court in entering and recording a judgment of nonquit in the case.
The action was against the appellants as drawers of a foreign bill of exchange. The material facts set out in the exception are these: the plaintiffs, after admission by defendants of the signatures of the drawers and endorsers of the bill, offered evidence of its protest for non-acceptance and notice thereof to the defendants. Objections were made to the admissibility of this testimony, which were argued, the defendants’ counsel opening and closing thereon. After the argument one of the counsel for the plaintiffs said the case had taken a rather unusual course, as the defendants’ counsel had closed the argument, but that he submitted the case to the Court without further argument. The Judge then delivered an oral opinion sustaining the objection to the protest, and ruled that either by itself or in connection with the other testimony it "was inadmissible, and that the plaintiffs were not entitled to recover, but made no entry in the case. At this point the plaintiffs’ counsel took an exception to the ruling,
Injury trials of civil causes, after the jury have agreed and before the verdict is taken, the plaintiff is called by the clerk, and if he fails to answer in person or by counsel, no verdict is given, the jury are discharged, and judgment of nonsuit passes against him. Up to this point of time, and until the verdict is actually announced by the foreman in response to the question “ what say you, do you find your verdict for the plaintiff or for the defendant ? ” the right to suffer a nonsuit exists, but ceases after the plaintiff has answered and the foreman announces the verdict. He is called for the purpose of allowing him an opportunity to determine whether he will take a nonsuit or hear the verdict, and he must then make his election. A nonsuit is in many instances of importance, because it gives the party the right to commence the same suit again, and alter its status by additional testimony, whereas if he answers and hears the verdict, he must stand on the case as then presented, and rely upon his exceptions and upon obtaining a reversal of the judgment on appeal.
The submission of a cause to the Court for trial where the Judge acts both as Court and jury does not deprive the plaintiff of his right to a nonsuit, and care should be taken to so conduct the trial as to afford him the same opportunity of ex
Judgment affirmed.