Harvey v. Early

BARKSDALE, District Judge.

When this action was called for trial on June 27, 1946, after both sides had announced themselves ready, plaintiff’s counsel stated to the court that they thought the undisputed facts set out in the complaint and answer entitled plaintiff to the relief sought, and that they therefore did not desire to introduce evidence. In response to inquiry by the court, plaintiff’s counsel advised that they desired that the action be considered by the court as on a motion for a judgment on the pleadings, and defendants’ counsel stated that they would waive notice of such a motion…