American Shipping Co. v. Henderson

This is an appeal by plaintiff from a nil capiat judgment rendered on the finding of the court to whom the cause was submitted for trial.

Plaintiff contends that its motion for a nonsuit should have been allowed and not denied, as it was. The record discloses that at the conclusion of plaintiff’s case defendant moved for a finding in his favor, whereupon the trial judge made remarks indicating the state of his mind and his intentions regarding his decision on the motion, when counsel for plaintiff argued, with citation of supporting authorities, against the judge’s attitude. Thereupon the…