Israel v. Lawrence

The opinion of the court was delivered by

Harvey, J.:

This is an action for a real-estate commission. It was tried to a jury, which failed to agree. At the close of plaintiff’s evidence the defendant interposed a demurrer to the evidence. This was overruled. This appeal is from that ruling. The sole question presented to us is whether that ruling was correct. In the trial of a civil case the statute (R. S. 60-2909, 3d clause) authorizes the filing of a demurrer to evidence, and by R. S. 60-3302 an order which sustains or overrules a demurrer is an appealable order; see White v. Railway Co., 74…