Shaffer v. Victoria Station, Inc.

(dissenting)—Of concern to me is that at the time this jury case was called for trial, the attorney for the injured plaintiff walked into the judge's chambers with a case—and then walked out without a case, a decision *823having been made therein based on colloquy between the court and counsel.

The rules as to when a trial court may prevent a case from going to the jury are basic:

While an action may ordinarily be dismissed upon motion at any stage of the proceeding when it is ascertained that the court has no jurisdiction, or at any time before verdict when the complaint fails to state facts…