Bowman v. Hall

UDALL, Chief Justice.

The sole assignment of error is that the trial court — after plaintiff had rested his case in chief — abused its discretion in refusing to permit a reopening of the case and allow plaintiff to again take the witness stand and testify as to certain material facts.

To properly evaluate this assignment it is necessary that the pertinent facts be set forth. Appellant, Harold Bowman, as plaintiff, brought an action in the superior court against defendant M. S. Hall (appellee), upon the following subscription contract, viz.:

“Community Mausoleum ‘Protector of the Human Body’

$700.0…