Bosse v. Wolverine Insurance

The findings that the defendant’s counsel misunderstood the scope of the trial and that they insisted at the hearing upon their rights to the determination of their motion to dismiss as a preliminary question of law, together with the further finding that they desired, if that motion was overruled, to offer testimony at a hearing on the merits, establish beyond question the conclusion that during the proceedings they waived no rights claimed under the motion to dismiss. The refusal of the defendant to produce evidence upon the merits, after it was learned that the court had assumed to decide…