Mason v. Tobin

COLEMAN, Justice.

This is a suit for the title to and possession of real estate. The case was called for trial on the jury docket, and all parties announced ready for trial. Before the jury had been selected, the trial court, at the request of the plaintiff, had a hearing in the nature of a pre-trial conference in chambers to determine what, if any, issues there were to submit to a jury.

At this hearing he considered the verified pleadings and certain documentary evidence tendered by the plaintiff, and concluded that no jury issues were presented. The trial court, being of the opinion that only…