Bauman v. Whiteley

The opinion of the court was delivered by

Beasley, Chief Justice.

The case before the court is thus tersely stated in the brief of the counsel of the plaintiff, viz.:

On the trial of said cause below the plaintiff rested his case; the attorney of the defendant offered no evidence on his behalf and moved the court to direct a verdict for the defendant. Thereupon the attorney for the plaintiff announced his intention to submit to a voluntary nonsuit, and desired that the plaintiff be called. This motion was opposed by the attorney for the defendant, who maintained that the case being closed, the…