Snodgrass v. Ricketts

Terry, C. J. concurring.

This case, when it came on for trial, was, after the plaintiff’s statement of his case, summarily disposed of by the Court, by its intimation that, conceding the plaintiff’s statement to be true—that is, that he could establish the facts stated in the bill— he was not entitled to recover. We do not consider this a demurrer to the evidence. It was rather deciding the case on the demurrer, or as on demurrer to the complaint, or as on a motion for a nonsuit. We mention this for the purpose of saying that if we remand the case on the ground of error in the judgment below,…