Hawkins v. Foasberg

In this case, after plaintiff’s evidence was completed and he had rested, defendants also rested and moved for “findings in their favor, finding that the allegations of the complaint as to the material portions are not true, and that the defendants have judgment in their favor for the dismissal of the action on the merits and for costs.” The court granted the motion and ordered judgment of dismissal on the merits with costs and disbursements to defendants.

Plaintiff made a motion to vacate the dismissal of the action and for findings in his favor or for a new trial. An appeal, was taken from…