Griffin v. Lynn

Almano, Justice.

The judgment under review is one sustaining the motion of the defendant for a judgment in accordance with her motion for a directed verdict, made before the submission of the case to the jury and renewed after a mistrial had been declared.

The plaintiff in error (plaintiff in the trial below) insists that the court committed error in entering a judgment granting the relief prayed by the defendant in her cross-petition, in that he had withdrawn in writing his petition before judgment was entered, and such withdrawal carried with it the defendant’s plea and answer.

Where the…