Prindiville v. Leon

The only question in this case is, whether ! the court below erred in allowing the plaintiff to suffer a non-suit. The action, which was assumpsit, was tried, by agree- • ment of the parties, before the court without a jury. At the close of the plaintiff’s evidence, his counsel remarked “ That is our case,” and rested, to which the defendant’s counsel replied “ That is our case too. We will rest and submit the matter to the court.” The court then remarked: “ Well, gentlemen, I find the issues for the defendant.” And thereupon, before any note of said finding was made by either the court or…