Spivey v. Barwick

Russell, O. J.

1. The plaintiff introduced a large number of witnesses, and closed; two witnesses (not including the defendant himself) had testified in behalf of the defendant, but a number of witnesses for the defendant were present to testify, and the defendant had not closed his testimony in support of his answer, when the court of its own motion directed a verdict contrary and adverse to some of the contentions pleaded by the defendant. This was error. Even if the evidence already adduced up to the time that the verdict was directed demanded the finding, the direction of a verdict before…