In an action for malpractice, after the plaintiff had rested, defendant moved for a directed verdict. In response to an inquiry as to how he intended to rule upon the motion, the trial judge indicated that he would have to grant the motion. Plaintiff then moved for a voluntary nonsuit, but the judge proceeded to direct a verdict for the defendant. He later granted a motion to vacate the order directing a verdict and to set aside the verdict and judgment. Defendant sought mandamus to compel the trial judge to reinstate the directed verdict and judgment. Held, that under. the Michigan Court Rules the plaintiff had a right to a voluntary nonsuit. Wicks v. Wayne Circuit Judge, 299 Mich. 252, 300 N. W. 75 (1941).
Michigan Law Review,
PRACTICE AND PROCEDURE - VOLUNTARY NONSUIT - TREATMENT UNDER MICHIGAN COURT RULES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol40/iss4/18