Joyce v. Nallin

Lewis, J.,

We will consider this case as if a rule for judgment on the pleadings were granted. The facts are as follows: Plaintiffs commenced an action in trespass to no. 1096, March term, 1934, which action proceeded to trial before a jury. At the conclusion of the testimony of plaintiffs, a motion for a nonsuit was made by defendant’s counsel, which motion was granted and a compulsory nonsuit entered. At the same time the court, following the usual custom, granted a rule, to show cause why the compulsory nonsuit entered should not be removed, and made same returnable to argument court. On…