McKinley v. Shull

The opinion of the court was delivered by

• Burch, J.:

The appeal was taken from an order setting aside an order sustaining the plaintiff’s motion to dismiss, and from an order denying a renewed motion of the plaintiff to dismiss.

The journal of the proceedings shows that the parties introduced their evidence, rested, and argued the case on October 7. Written findings of fact and conclusions of law had been requested, and the court took the cause under advisement at the conclusion of the arguments. The journal further shows the following:

“And thereafter, to-wit: on the 17th day of October, 1921,…