Bufter Amusement Corp. v. Garrison

The reason for the dismissal of the complaint at the close of plaintiff’s case is a matter of conjecture. The motion was made on the ground of failure to prove the cause of action stated in the complaint. From scattered remarks of the trial judge we assume his holding was that no attack could be made on the judgment of the City Court in the eviction proceeding, because the Wilder Realty Company was not a party; hence, on the evidence, it appeared that when this action was begun plaintiff had no possession or right to possession of the premises; and that its cause of action, if any, was at…