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DOE ON THE DEMISE OF ELMORE v. GRYMES ET AL.

26 U.S. 469 (____)

1 Pet. 469

DOE ON THE DEMISE OF JOHN A. ELMORE, PLAINTIFF IN ERROR, vs. WILLIAM A. GRYMES, AND JOHN J. BEATIE, DEFENDANTS IN ERROR.

Supreme Court of United States.

Attorney(s) appearing for the Case

The case was argued by Mr. Wild and Mr. M'Duffie for the plaintiff in error, and by Mr. Berrien for the defendant.

Mr. Berrien. —

Mr. Wilde and Mr. M'Duffie, for the plaintiff in error. —

Mr. Chief Justice MARSHALL delivered the opinion of the Court. —

The Court has had this case under its consideration, and is of opinion that the Circuit Court had no authority to order a peremptory nonsuit, against the will of the plaintiff. He had a right by law to a trial by a jury, and to have had the case submitted to them. He might agree to a nonsuit; but if he did not...

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