Bracale v. Monumental Life Insurance

ON. MOTION TO CERTIFY BECAUSE OF CONFLICT

OPINION

BY THE COURT:

In the instant case a jury was waived and both plaintiff and defendant introduced all their evidence and rested before defendant moved-for judgment on the issues of law and fact.

In the absence of such a motion, a jury having ueen waived and all the evidence having been submitted, it was the duty bf the court to determine the issues of law and fact, and the submission of the motion did not in any way change or affect the duty of the court in this respect.

The judgment of the court, therefore, is one upon the issues, of law and fact…