DUNCAN, J.
It has been settled in this jurisdiction since Judge of Probate v. Abbot, 13 N.H. 21, "that the plaintiff may become nonsuit as a matter of right before opening to the jury." Leonard v. Fahey, 87 N.H. 170, 171. See Barrett v. Cady, 78 N.H. 60, 63; Webster v. Bridgewater, 63 N.H. 296; Annot. 89 A.L.R. 13, 23. After a case is opened "leave to become nonsuit is within the discretion of the court."
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