Hanson v. Casco Loan & Bldg. Ass'n
| Decision Date | 23 March 1934 |
| Citation | 171 A. 627 |
| Parties | HANSON v. CASCO LOAN & BUILDING ASS'N. |
| Court | Maine Supreme Court |
Exceptions from Superior Court, Cumberland County.
Action by John C. Hanson against the Casco Loan & Building Association. A motion for voluntary nonsuit was denied, and plaintiff brings exceptions.
Exceptions overruled.
Argued before PATTANGALL, C. J., and DUNN, STURGIS, BARNES, and THAXTER, JJ.
Howard Davies, of Portland, for plaintiff.
Ralph M. Ingalls and E. J. Harrigan, both of Portland, for defendant.
An action at law was referred to two justices, under a rule of court, with no right of exceptions reserved. Thus, by agreement of the parties to the suit, they submitted the cause to a tribunal of their own selection.
Full hearing of testimony by both parties and their witnesses was had, and a report was issued on June 6, 1933. Subsequently, on June 29 of that year, plaintiff filed a motion for a voluntary nonsuit. The motion was denied, and exceptions taken and allowed.
In his brief plaintiff objected to denial of the motion "without hearing."
The rule in this state is thus expressed in Washburn v. Allen, 77 Me. 344: "The plaintiff, before opening his case to jury, or to the court, when tried before the court without the intervention of a jury, may become nonsuit as a matter of right; after the case is opened, and before verdict, leave to become nonsuit is within the discretion of the court; after verdict there can be no nonsuit."
Under the foregoing rule, a hearing and report of referees is equivalent to a finding by a single justice or the verdict of a jury. Hence we hold that when, as in this case, report of referees has been filed, it is the duty of the court to deny a plaintiff's motion for voluntary nonsuit, and in doing so without hearing there is no abuse of judicial discretion.
Exceptions overruled.
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Flood v. Earle
...a single justice with jury waived. It is prima facie correct. Bourisk v. Mohican Co., 133 Me. 207, 175 A. 345; Hanson v. Casco Loan & Bldg. Association, 132 Me. 397, 171 A. 627. If there is any evidence of probative value to support the findings of fact made by a referee, such findings are ......
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Bourisk v. Mohican Co.
...and report of referees is equivalent to a finding by a single Justice with jury waived, or the verdict of a jury. Hanson v. Loan & Building Association, 132 Me. 397, 171 A. 627. The report, as the decision of the referees selected by the parties to determine their controversy, is prima faci......