Fitzgerald v. Bixler

When this case was submitted (June 12, 1957) and decided (December 24, 1957), and when appellee’s official motion for rehearing was denied (April 14, 1958), Justice Souris was not a member of the Court and so has no knowledge of what took place during extended oral argument on submission day. Two members of the Court repeatedly requested that appellee (a veteran practicing attorney) disclose where, either in the printed record or in the original record, the Court might find evidence that he, appellee (defendant below), actually did move for a directed verdict during trial of this jury case.…