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LORING v. FRUE

104 U.S. 223 (____)

LORING v. FRUE.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. C.I. Walker and Mr. George F. Edmunds for the plaintiff in error.

Mr. Samuel T. Douglass and Mr. John H. Bissell for the defendant in error.

MR. JUSTICE MILLER delivered the opinion of the court.

The declaration in this case contains only the common counts. The plea was the general issue, which a jury was sworn to try. After evidence had been offered by Frue, the plaintiff below, he elected to take a nonsuit, whereupon the following order was made, June 11, 1874: "It is therefore ordered judgment of nonsuit, and that the defendant recover of the said plaintiff his costs of this suit to be taxed, and leave...

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