Childs v. Ponder

Suit was brought by Childs and Maynard against the trustees of the R Banks Stephens Co-Educational Institute. On the trial the jury returned a verdict for the defendants. The plaintiffs made a motion for a new trial, and now except to the judgment overruling the same.

1. One of the grounds of the motion for new trial complains that the judge, in overruling a motion to dismiss the petition, before any evidence had been introduced, remarked, in the presence of the jury: “ I will overrule the motion and let you go on, but I don’t see how the plaintiff can recover.” Counsel for the plaintiffs in…