Magee v. Kiesewetter

Plaintiffs claim to be entitled to a one-fourth interest in certain rents collected by the defendant over a period of years, and pray for a money judgment following an accounting of the rents collected.

The trial proceeded before a jury and, at the close of all the evidence, the court apparently misconceived the ultimate relief prayed for, dismissed the jury, and decided the. case upon the merits by rendering judgment for plaintiffs for one-fourth the gross rentals involved. No citation is necessary to point out the prejudicial error in that procedure. Since the principal relief prayed for was…