Chenoweth v. Williams

In the present case the defendant orally moved to dismiss the petition, upon the ground that it failed to set forth a *346cause of action; and the court withheld decision on the motion until the introduction of evidence by the plaintiff. After the plaim tiff had announced his case closed, the defendant renewed the motion to dismiss, contending that from the facts set forth in the petition and from the evidence adduced, the plaintiff was not entitled to recover. The motion was then sustained, and the plaintiff excepted.

Although the petition is, of course, more brief and succinct than the evidence,…