Mater v. Browning Bros. Amusement Co.

The parties stand in the same relative positions in this court as they did in the court of common pleas, which court directed a verdict for the defendant upon its motion, after the impaneling of a jury and before the introduction of any testimony.

The defendant, before said action was taken, made two motions to dismiss the case, in the following order, to-wit: First, because the court had not acquired jurisdiction over the person of the defendant, which motion was overruled. Second, because (a) the petition did not state a cause of action against the defendant, and (b) the petition, taken in…