Cassaday v. City of Billings

MR. JUSTICE CASTLES:

This is an appeal from a judgment of nonsuit. The matter was submitted to the trial court on an agreed statement of facts which consisted of the appellant’s testimony, and it was stipulated that the appellant would corroborate the testimony with other evidence. The stipulations then provided for submission to the court of the respondent’s motion for nonsuit, and if the motion was granted that judgment would be entered with the same force and effect as if the case had been actually tried.

The facts are these: The appellant was 36 years old, married and had three children.…