Silsbee v. City of Salem , 103 Mass. 144 ( 1869 )

Chapman, C. J.

The respondents have obeyed the order of the court so far as to bring an action; but they have not proceeded to try the title. The case came on for trial, and, as they produced no evidence, the court ordered a nonsuit. According to our practice, such an order against a party in court was irregular ; but, as no exception was taken, the respondents must be regarded as having assented to it. Motion granted.