Wells v. County Court of Marion County

Millee, Judge:

On the trial of an action for personal injuries, at the conclusion of plaintiff’s evidence, the court below, on motion of defendant, struck out the evidence and directed the jury to return a verdict for the defendant, which the jury did; and the court thereupon dismissed the suit and entered judgment of nil capiat for the defendant; but on a subsequent day of the same term, upon motion of plaintiff, the court set aside its previous judgment and the verdict of the jury, and awarded plaintiff a new trial. It is to this judgment awarding a new trial, pronounced February 20, 1919,…