J. T. Fargason Co. v. Bank of Lepanto

At the conclusion of all the testimony on the trial of this cause in the court below each party asked an instructed verdict, and neither asked any other instruction. Under our practice this is, in effect, a withdrawal of the case from the jury and the submission of it to the court, in which event it becomes our duty, on appeal, to view the case as if a jury had passed upon it and to sustain the court’s finding if the testimony tending to support'the finding is legally sufficient for that purpose. Webber v. Rogers, 128 Ark. 25; Watkins v. Louisiana State Life Ins. Co., 151 Ark. 596.

The facts,…