Taylor v. Lewis

ARCHBALD, J., pro tem.

On the day of trial of the action arising out of plaintiff’s complaint for damages based on an alleged libel, defendant objected to the introduction of any evidence on behalf of plaintiff on the ground that the complaint failed to state facts sufficient to constitute a cause of action. The objection was sustained and plain tiff’s motion for leave to amend was denied. From the judgment thereafter entered plaintiff has appealed.

To save expense the objection referred to was made prior to the impanelment of a jury, on stipulation of the pallies.

The complaint alleges in…