BRYAN, District Judge.
The question is whether the plaintiff, after having duly non-suited himself in a State court of Virginia, may bring the same cause of action before this Court, on diversity of citizenship jurisdiction, in the face of Virginia's statute: "When non-suit not allowed; no new proceeding after non-suit.—A party shall not be allowed to suffer a non-suit unless he do so before the jury retire from the bar. And after a non-suit no new proceeding...
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