M’CLUSKY v. FORSYTH

13 VLR 146·HIGINBOTHAM, C.J., HOLROYD & KERFERD, JJ.
13 VLR 146
13 VLR 146
M’CLUSKY v. FORSYTH Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., HOLROYD & KERFERD, JJ. May 6, 12 May 1887 AppealCounty courtNonsuitAgentRight to commission .

Where the plaintiff in the county court does not object to a nonsuit at the trial, he cannot afterwards take advantage of an assumed constructive dissent at the trial, so as to place himself on appeal in a better position in this respect than if a verdict had been given against him.

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13 VLR 146

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