Belmont Iron Works v. Boyle

Maxwell, President:

This is an appeal from a decree of the circuit court of Jefferson County dismissing plaintiffs’ bill. The chancellor’s ruling was made at the conclusion of the introduction of plaintiffs’ testimony when defendents, moved for a final decree in their favor. That procedure was warranted by a provision in Rule 10 of Rules of Practice and Procedure for Trial Courts, 116 W. Va. Ixiv. The pertinent portion of the rule reads: “Upon the conclusion of the evidence of a litigant, his opponent may move for final decree, without prejudice, in the event such motion is overruled, to his…