Hartlep v. Cole

The trial court sustained the appellee’s demurrer to the second paragraph of the appellant’s complaint, but subsequently set aside this ruling and overruled the demurrer. The record, after reciting this ruling, proceeds as follows: “And the issue being joined this cause for trial is ■submitted to the court, waiving the intervention of a jury.” The evidence was heard, the cause taken under advisement, and on the day following the submission for trial a finding was made in favor of the appellee, whereupon the appellant moved for a judgment in his favor on the pleadings, for the reason that…