Glenn v. Missouri Pacific Railway Co.

*392The opinion of the court was delivered by

Smith, J.:

Judgment appears to have been rendered in the case upon an oral motion as follows:

“By attorney W. P. Dillard for defendant:

“At the close of the opening statement by the attorney for the plaintiff the defendant moved the court for judgment in its favor against the plaintiff for costs for the reason and upon the ground that his opening statement and the petition in this case shows that no cause of action exists against the defendant and in favor of the plaintiff.

“By the Court: Judgment will be for the defendant. Neither this petition nor the…