Flatt v. Wiggs

This is the second appeal in this case. The facts out of which the litigation arose are stated in the former opinion, Wiggs et al. v. Flatt et al., 154 Okla. 94, 6 P. (2d) 690.

Therein the parties were given leave to rec'ast their pleadings, which was done.

Upon remand, after the pleadings were recast, a jury was impaneled and sworn. Opening statements were made by. counsel for both parties. Thereupon counsel for plaintiffs moved for an instructed verdict upon the opening statement of counsel for defendants. The motion w'as sustained, and, after dismissal without prejudice by plaintiffs of…