Page:United States Statutes at Large Volume 31.djvu/420

368 F IFTY-SIXT H CONGRESS. Sess. I. Ch. 786. 1900. CHAPTER TWENTY-FIVE. OF JUDGMENT or NONSUIT. Sec. . Sec. 237. When judgment of nonsuit may be { 239. Effect of judgment of nonsuit. lV€Il. 238. Wiat is a cause not sufficient to be submitted to the jury. [ Hgggggljgggggyjegf Sec. _237. _A judgment of nonsuit may be given against the plaintiff A as provided in this chapter- `irst. On motion of the laintiH, at any time before trial, unless a counterclaim has been pleacllad as a defense; Second. On motion of either party, upon the written consent of the other filed with the clerk; Third. On motion of the defendant, when the action is called for trial and the plaintiff fails to appear., or when, after the trial has begun and before the final submission of the cause, the plaintiff abandons it, or when, upon the trial, the plaintiff fails to prove a cause sufficient to be submitted to the jury. Suléggnits gocggsesggf SEQ. 238. A cause not sufficient to be Submitted to the `ury is one mitted to me jury. where it appears that if the jury were to find a verdict for the plaintiff upon any or all of the issues to be tried the court ought, if required, to Set it aside for want of evidence to support it. - Sec. 239. When a judgment of nonsuit is given, the action is disasm 91 judgment missed; but such judgment shall not have the effect to bar another °f “°“’“‘t‘ action for the same cause. CHAPTER TWENTY-SIX. OF JUDGMENT ON FAILURE TO ANSWER. Sec. 240. When judgment may be given for want of answer. §V!j)•¤¤_51éI;ig);¤¤v$ar;j SEo. 240. Judgment may be had upon failure to answer, as follows: ]<§gns$v7a1iX When the time for answering the complaint has expired and it appears that the defendant, or one or mO1`€ of several defendants, in t e cases mentioned in section fifty-one, has been duly served with the summons and has failed to answer the complaint, the plaintiif shall be entitled to have judgment against such defendant or defendants- First. In an action arising upon contract for the recovery of money or damages only; if no answer as been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted by the court or judge thereof, the clerk, upon the a plication of the laintiif made in writing and filed with the clerk, shall enter the default of the defendant, and immediately thereafter enter judgment for the amount specified in the summons, including the costs of the defendant, or against one or more of Several defendants, in cases provided for in section fifty-one; ` Second. In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons-or such further time as may have been granted by the court or judge thereof, the clerk shall, upon the written motion of the plaintiif bein filed, enter the default of the defendant, and thereafter the plaintig may apply at the first or any subsequent term of the court for the relief demanded in the ccmplaint; and the courfshall, upon such demand, give judgment for the amount claimed in the summons, or the relief demanded in the complaint, unless it be necessary, to enable the court to give judgment or carry the same into eHect, to take proof of any matter of