Prondzinski v. Garbutt

The facts embraced in this record, which are, in our judgment, controlling of the case, may be summarized as follows : The action is brought to obtain relief in equity, and, an issue of fact being joined in the action upon the complaint and answer, the case came on for trial in the District Court in June, 1895. At the trial both sides introduced testimony, whereupon the plaintiff’s counsel, being convinced from the evidence that plaintiff could not, in any event, prevail in the action without bringing in an additional party, without resting the case requested the trial court to enter an order…