Poundstone v. Niles Creamery

We granted leave to appeal in the nature of mandamus to review the refusal of the trial court to grant defendant’s motion for judgment of no cause of action. A motion for directed verdict was timely made at the close of plaintiff’s proofs, and the case was submitted to the jury under the Empson act (3 Comp. Laws 1929, § 14531 et seq. [Stat. Ann. § 27.1461 et seq.]). The jury were unable to agree.

The motion for judgment upon disagreement of the jury is authorized by 3 Comp. Laws 1929, § 14535 (Stat. Ann. § 27.1471), which provides:

“Section 1. Hereafter in all civil actions at law, in courts of…