McIntosh v. v. & L. Investment Co.

This is an action commenced by plaintiff in error against defendant in error, for the recovery of money.

Issues were joined and the cause came on for trial. The parties appeared and announced ready for trial and a jury was impaneled to try the issues. Counsel for plaintiff made his opening statement. Counsel for defendant then moved the court for judgment for defendant upon the opening statement of counsel for plaintiff. The motion was sustained, whereupon the court directed the jury to return a verdict for defendant, which was done, and judgment was entered for defendant on the verdict.

Plainti…