Hilliker v. Jewel Oil & Gas Co.

On Rehearing.

Toy, J.

We granted rehearing and requested counsel for briefs on the following question involved, not discussed in our original opinion, namely:

Whether on appeal, in a case tried without a jury, where motion for directed verdict had been made by defendant at close of plaintiff’s proofs, this court, as a matter of practice, should pass decision on status of the case as when motion for directed verdict was made, or should we pass decision, as did trial court, on entire testimony and condition of pleadings at close of entire case.

If the former, the judgment will stand reversed; if…