Reese v. Hughes

Smith, O. J.,

delivered the opinion of the court.

This is a suit in replevin by the appellee to recover a fox hide of which the appellant is in possession and which the appellee claims.

At the close of the evidence, the appellant, the defendant in the court below, asked the court to direct the jury to return a verdict in his favor, whereupon the presiding judge announced that the question presented was one of law only, and was therefore a question for his and not the jury’s decision; that he would take the case under advisement and render judgment in vacation. This action of the court was…