Sork v. Label

Opinion by

Keller, P. J.,

We agree with the appellant that a compulsory non-suit should not be entered before the plaintiff has closed his case; but we think the circumstances attending the trial of this case justified the court below in concluding that the plaintiff had no more evidence to present, after his motion to amend his statement the second time had been disallowed, and that, in fact, he had concluded his case, although he may not have formally announced that he had rested.

The action was in replevin for a dining car, or lunch wagon, and contents, or equipment, used for selling and…