Jolly v. Hopley

The first act challenged by counsel for plaintiff in error is, can the court direct a verdict in favor of the plaintiff before the defendant has offered any evidence and before he has concluded cross-examining the first witness offered by the plaintiff?

Ordinarily, we would answer this question in the negative. However, if in the agreed stipulations, together with the written exhibit upon which the cause of action was premised, it is shown affirmatively that plaintiff is entitled to the relief he asks, and if the answer of the defendant tenders no valid defense, under our laws of procedure we…