Downing v. Weaver-Loughridge Lumber Co.

Per Curiam.-

In this case the writ of error must be dismissed because the record fails to show a final disposition of the cause in the Circuit Court.

The record discloses that during the progress of the trial, when all evidence had been submitted, the defendant filed a motion for an instructed verdict in favor of the defendant. The bill of exceptions contains the following recitation immediately after the motion for an instructed verdict:

“After hearing the arguments upon the above motion of the defendant, the court announced that it would grant the said motion. Thereupon, the plaintiff hearing…