Rinehart v. Watson

The opinion of the court was delivered by

Scott, J.

Upon the trial of this action the court granted a motion for a non-suit, and thereafter, upon the plaintiff's motion, the judgment of non-suit was-set aside and a new trial granted. This appeal is prosecuted from said order, appellants claiming that the court erred in vacating said judgment. The respondent contends that not only was the judgment of non-suit properly set aside, but that the court should have gone further and rendered judgment in his favor, and asks that the cause be remanded, with an instruction to that effect.

The granting of a…