Alarcon v. Dickerson

KENNEDY, Judge.

The plaintiff appeals from a judgment for defendant entered upon defendant’s motion to dismiss made at the close of plaintiff’s evidence in a court-tried case. The ground upon which the motion to dismiss was granted by the court was that the plaintiff’s petition had pleaded a cause of action in conversion, but the evidence did not make out a case on that theory. The petition is copied in the margin. 1

The evidence adduced by plaintiff was that Thelma Grove, a widow and the grandmother of Carol D. Alarcon and John W. Dickerson, the children of Thelma’s deceased and only daughter,…