Smith v. Fash

Plaintiffs in error were plaintiffs in the trial court, and the defendant in error was defendant below. Parties will be referred to as they appeared below.

This cause was submitted to the trial court without intervention of the jury, and at the conclusion of the testimony and upon motion .of plaintiff for judgment, the court made the following pronouncement:

“Now the court finds * * * judgment will be for the defendant. Motion for new trial is overruled by the court. To which action of the court plaintiff excepts and moves for time in which to make and serve case-made for the Supreme Court from…