Blue v. McCabe

The opinion of the court was delivered by

Stiles, J.

In passing upon appellant’s motion for a non-suit, the judge who tried the cause remarked that the testimony showed that the transfer of the note sued on was made by the officers of the Kettle Falls Improvement Company. Appellant complains of this as a violation of § 16, art. é of the constitution, prohibiting judges from com-*126meriting upon the facts of a case. We cannot assent to the proposition. When counsel make a motion for a non-suit they know that it is a challenge to the court to determine the sufficiency of the facts adduced by the…