Blanks v. Sadka

After complainant had introduced his proof on a bill in chancery charging fraud and deceit and seeking to recover a monetary judgment, defendant moved to exclude the evidence and dismiss the bill. The chancellor sustained the motion.

On this appeal we are first confronted with this fact: The rule is well settled that when at the conclusion of the complainant’s evidence the defendant moves to exclude the evidence and dismiss the bill, the court should assume as true all facts which the complainant’s evidence fairly tends to establish, together with all reasonable inferences to be deduced…