Brubaker v. Gould

One paragraph of the majority opinion sets forth two principles of law as governing the chancellor in his determination of defendants’ motion for a finding in their favor at the close of plaintiffs’ evidence. These two principles are:

Rule (1). It was the duty of the court to weigh the evidence. (This statement is in recognition of Section 64(5) of the Civil Practice Act which provides: “In ruling on the motion the court shall weigh the evidence.”)

Rule (2). It was the duty of the court to consider whether there was any evidence, together with all reasonable inferences therefrom, tending to…