Gallup v. Sterling

This action was commenced in 1890 against Theodore W. Sterling, and has since been revived against the present ’ defendants, as his executors. The case came on for trial in December, 1897, and after counsel for the plaintiff had opened his case, the learned counsel for the defendants moved that the complaint be dismissed on the ground that it did not state facts sufficient to constitute a cause of action. The court granted the motion and took under consideration the plaintiff’s motion for a new trial on all the grounds stated in section 999' of the Code of Civil Procedure. The rule is well…