Oliver v. Ernul

GRAHAM, Judge.

In granting plaintiffs’ motion for judgment on the pleadings the District Court obviously interpreted the prior decision of the Supreme Court as having decided, based upon plaintiffs’ evidence only, that no dispute exists as to the facts, and that plaintiffs are entitled to a way of necessity over defendants’ land as a matter of law. Our interpretation of that decision results in a different conclusion.

This case was before the Supreme Court for a determination as to whether nonsuit was properly entered at the close of plaintiffs’ evidence; not for a decision on the merits. It is…