Dee v. Collins

I. This is the second appeal to this court in the case. The opinion in the first appeal is in 235 Iowa 22, 15 N. W. 2d 883. On the first trial there was a decree for plaintiff. The defendants, at the close of plaintiff’s case, had moved to dismiss the petition. The motion was denied. When defendants began to offer their testimony plaintiff objected on the ground that in moving to dismiss defendants had rested their case and were precluded from offering their defense. The trial was re cessed for a few days until counsel could submit authorities. When the trial was resumed defendants asked that…