Blalock v. Thomas

This is a case in which the defendant moved for a nonsuit, and the court, after hearing argument on the proposition, instead of sustaining the motion, directed the jury to find a verdict in favor of the defendant. This was directing a verdict of the judge’s own motion. The correctness of the court’s judgment is challenged'by a direct bill of exceptions. It is true, as pointed out by counsel, that there appear in the record a number of instances where the testimony in behalf of the parties is in direct conflict; and had there not been other controlling facts in the record as to which there was…