Douglass v. Dahm

At the opening of the trial of this action and before counsel had made any statement or offered any evidence, the court said/‘I will entertain a motion by the defend ant for a judgment on the pleadings without taking any testimony.” Whereupon defendants’ counsel made such motion. After a colloquy between court and counsel the court said, “You had better state in your motion that the complaint on file herein shows the adjudication on the face of the complaint ...” Counsel for defendant accepted the court’s invitation and included the latter as a ground for the motion. The court granted the…