Sroke v. R. W. McCready Cork Co.

Mr. Presiding Justice Holdom

delivered the opinion of the court.

The cause "before us for review of the record of the Municipal Court was tried before a judge of that court with a jury. When plaintiff rested his case defendant moved to instruct a verdict in its favor. This motion the trial judge determined to allow and was about to instruct the jury to render its verdict in defendant’s favor when plaintiff, the jury still being in the jury box and not having left the bar of the court, moved for a non-suit. This motion the court allowed and judgment for costs against plaintiff was accordingly…