Montgomery v. . Lewis

We need cite no authority in support of the principle that a motion to dismiss an action as in case of nonsuit is treated as a demurrer to the evidence construed in the light most favorable to the plaintiff. This is elementary, and the evidence tested by this principle was sufficient to uphold the verdict. The motion to nonsuit was therefore properly overruled.

The defendant excepted to certain evidence on the ground that it embodied a rejected offer of compromise. It is true, if a peráon offer to compromise a demand he does not thereby necessarily admit that it is just, but if pending a…