State ex rel. Baciak v. Board of Education

OPINION

By McNAMEE, J.

The parties will be referred to as they appeared in the trial court.

This is an appeal on questions of law from a judgment of the Court of Common Pleas rendered in favor of the defendants, upon the petition and opening statement of the plaintiff. Counsel for all parties made opening statements in the trial court and it was not until the plaintiff’s first witness was called that the defendants made their motions for judgment upon the plaintiff’s petition and opening statement.

The Bill of Exceptions contains all of the opening statements but under the well settled principles…