Gardner v. Kime

This was an action in forcible entry and detainer brought by the defendant in error, plaintiff below, against the plaintiff in error, defendant below, to recover possession of certain real estate situated in the county of Noble, territory of Oklahoma. It appears from the record that after all the evidence was introduced counsel for the respective parties each moved the court to instruct the jury to return a verdict in favor of their client, whereupon the court said:

“I suppose the jury may be excused from further consideration of the case. Both parties move for judgment, and that takes the…