Newell v. Weisman

Upon the conclusion of the testimony the court directed the jury to bring in a verdict in favor of the defendant. The record contains a finding which recites the statement of the court to the jury of its reasons for directing a verdict. The appeal assigns error in this statement and in the refusal of the court to find the facts set forth in certain paragraphs of the draft-finding. Since the case was not submitted to the jury, error cannot be predicated upon the remarks of the court in withdrawing it from their consideration, and since there was no charge to the jury no finding was necessary,…