Kotwitz v. Gridley Motor Co.

The opinion of the court was delivered by

Thiele, J.:

The question for decision arises on a motion to dismiss an appeal. In the court below, the trial was by jury. At the conclusion of plaintiff’s evidence the defendant interposed a demurrer, which was overruled. The trial proceeded and the case was submitted to the jury, which disagreed. Thereafter defendant filed a motion for a rehearing on the demurrer and for a directed verdict, both motions being denied. Thereafter the plaintiff filed a motion to dismiss the action without prejudice, and it was subsequently allowed. Within a few days the…