Mateer

By the Court,

It was decided, at the last term, in the case of Minggold v. Haven & Livingston, that the power of compulsory nonsuit exists. "We.-think the rule convenient, reasonable, and well supported by authority, and we shall adhere to it. On the trial of this cause, after the plaintiff had closed his evidence, the defendant moved for a nonsuit, “ on the *222 “ ground that the plaintiff had not proved by competent testi- “ mony the loss of any property of definite value.” This being the only position taken in support of the motion, unless that be tenable, the nonsuit was properly refused, notwithstanding there may have been other good and sufficient reasons, for which, if urged at the proper time, it might have been demanded. A party making his motion oil one ground, thereby impliedly waives all others. He cannot avail himself of a different position, on appeal, from that which he assumed in the court below. This doctrine is well established, and is necessary to be sustained, in order that the plaintiff may not be misled in the course of the trial, and in the settlement of his bill of exceptions in case the nonsuit should be ordered.

The general rule by which courts should…