Cunningham v. Blythe

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover from county commissioners and their bondsmen for damages which the plaintiff alleged resulted from the wrongful taking and leasing of real estate belonging to him. The appeal is by the plaintiff from an order sustaining defendants’ objection to the introduction of evidence, and from judgment thereupon entered for the defendants.

Treating the objection to introduction of evidence as tantamount to a motion for judgment on the pleadings and the opening statement, the question here is whether upon the allegations of…