Czellath v. Schaub

WASHBURN, J., 'The law is well settled, as we have so many times in opinions stated, that upon such a motion the court is called upon to determine a legal- question only ,and in so dding is not permitted to weigh evidence of determine any fact whatsoever. The court is required to assume that everything that is said in the opening statement is true and that every reasonable inference that' may be drawn from what is said is true, leaving for the court to determine only whether such facts and inferences, unexplained, undenied and unaffected by any other facts, entitle the plaintiff to a judgment…