Kraft v. Goldstein

The case is before this court upon a petition in error, two principal errors being claimed; first,- it is claimed that the court erred in depriving the defendant of her right to have the case 'submitted to the jury; and second, that the court erred in not granting defendant’s motion for a judg-> ment in her favor.

As to the first claimed error, we are clearly of the opinion that the motions of the parties being made as they were, did not have the effect of waiving a jury and empowering the court to determine questions of fact. The two motions were not pending before the court at the same time,…