Cook v. Robinson

(after stating the facts as above).

The first contention of plaintiff is that the garnishee’s motion to dismiss the proceedings upon which the judgment is based at the close of plaintiff’s case was tantamount to a motion for a directed verdict, and, the garnishee not having rested its case, the motion should have been denied. The action of the District Court is fully sustained by the case of Bunt v. Sierra Butte Gold Mining Co., 138 U.S. 483, 11 S.Ct. 464, 34 L.Ed. 1031, which was an action to recover for personal injuries. There the defendant moved at the close of the plaintiff’s case for a…