{
  "id": 8698558,
  "name": "McNaughton's Executors v. Moseley",
  "name_abbreviation": "McNaughton's Executors v. Moseley",
  "decision_date": "1796-05",
  "docket_number": "",
  "first_page": "379",
  "last_page": "380",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Hayw. 379"
    },
    {
      "type": "official",
      "cite": "2 N.C. 379"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Super. Ct.",
    "id": 22358,
    "name": "North Carolina Superior Court"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "2 H. 4",
      "category": "reporters:state",
      "reporter": "H.",
      "opinion_index": 0
    },
    {
      "cite": "2 H 4",
      "category": "reporters:state",
      "reporter": "H",
      "opinion_index": 0
    },
    {
      "cite": "3 Mo. 208",
      "category": "reporters:state",
      "reporter": "Mo.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "sha256": "18f61a49bdf1c94a3e2251900ea438f2b5326b4373280c292ab31fd4ea6ec504",
    "simhash": "1:a005d96151b61996",
    "word_count": 365
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  "last_updated": "2023-07-14T18:10:25.463344+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "McNaughton's Executors v. Moseley."
    ],
    "opinions": [
      {
        "text": "Per curiam\nLet tiro verdict be recorded, subject to be set aside if the Defendant\u2019s counsel do not shew that a. nonsuit cannot be taken after the jury have said for whom they find. The verdict was entered, and afterwards anew trial was moved for and granted for another cause.\nNote. \u2014 The Plaintiff is demandahle when a verdict is to bo given. Co. Litt 139, a. 3 Bl. Com. 376, In which latter book it is said, when the. jury i etui\u00ab buc-k to the bar, and bet\u00f3n they deliver their verdict, the Plaintiff in person, or by attorney, is bound to appear to answer \u25a0the amercement, and if he does not appear no verdict can be given. 3 Mo. 208. After a general v-rdict the court will not suffer the Plain, tiff to discontinue his action. 2 H 4 c. 7, provides that Plaintiff shall not be nonsuited after a verdict, though he might at the common law, if he did not like his damages. 2 H. P. C. 184, says it is the opinion of some books, that the X\u2019laintiff may be nonsuited at the common law at any day of continuance before judgment, though that is altered by 2 H. 4, ideo guare \u2014 What is the meaning of the words \u201cafter verdict given ?\u201d Whether it can be said to be given, before it is received by tlie court and entered of record, previous to which stage tile jury may retract or alter it; neither is'it complete till the record of it be read over to them, and assented to as recorded.",
        "type": "majority",
        "author": "Per curiam"
      }
    ],
    "attorneys": [
      "Haywood, Justice,"
    ],
    "corrections": "",
    "head_matter": "McNaughton's Executors v. Moseley.\nThe. jury returned to give their verdict, and said the..\u00bb found for the Defendant \u2014 Mr. Hay for the Plaintiff, prayed before the verdict was entered, that the Plaintiff might be called and nonsuited. Mr. Moore, for the D >- fendant, said it could not be done after the jury had delivered their verdicts though before it was recoided.\nHaywood, Justice,\nI am very clear it may be done at any tinto before the verdict is recorded. Mr. Moore, I am as clear it cannot be done, and I pray time to argue it and produce authorities."
  },
  "file_name": "0379-01",
  "first_page_order": 386,
  "last_page_order": 387
}