Samuels v. United States Holding Co.

OPINION

By MATTHEWS, J.

The trial court sustained the motion of the defendant, The United States Holding Company, for judgment of dismissal at the close of the plaintiff’s opening statement, and this appeal on law only is from that judgment. The other two defendants had been dismissed theretofore and the validity of such dismissals is not under review in this proceeding.

The opening statement is an elaboration of the allegations of the petition and it may be epitomized as follows:—

The sole basis of the plaintiff’s rights, which he seeks to have protected, is his ownership of 106 & 12/13ths…