Fortune v. First Trust Co.

Julius J. Olson, Justice.

When plaintiff rested defendants did likewise for the “purpose of making a motion for dismissal” of plaintiff’s cause, requesting the “privilege of reopening and introducing testimony if the motion is overruled.” The court granted the requested privilege, plaintiff not objecting, and defendants then moved “that this action be dismissed on the ground that the evidence does not justify findings or a judgment against either defendant.” After hearing arguments of respective counsel the court granted the motion. Later defendants were permitted,' over plaintiff’s objection,…