Marion v. Home Mutual Insurance

— The plaintiff brought his action upon an insurance policy. He introduced his evidence, and rested. Thereupon the defendant presented a motion to direct a verdict against the plaintiff, for want of sufficient evidence to go to .the jury. This motion was argued, and submitted- to the court. Thereafter, the court sustained said motion by entering its finding upon its docket and by oral announcement thereof in the presence of the parties. Thereupon, the plaintiff orally announced that he wished to dismiss his case without prejudice. This announcement was ignored by the court, on. the ground…