Hollimon v. Griffin

It is only where the evidence is in writing that the plaintiff can be ruled to join in the defendant’s demurrer to the evidence ; but where the evidence is verbal, as a condition to the plaintiff’s joining in demurrer, the defendant must admit the facts proven, as well as every material fact which the evidence conduces to prove. But the demurrer to evidence is to its competency, not to its sufficiency, and the only question which the judge is called on to decide, where the defendant demurs, is whether any competent evidence has been offered, or not; and if he holds that there is competent…