Conley v. . Cabe

After tbe jury bad been sworn and empaneled to try tbis action and after tbe pleadings bad been read, tbe defendant demurred ore tenus to tbe complaint. Tbe motion was overruled, and defendant excepted and assigned error.

Tbe defendant introduced no evidence and at tbe close of plaintiff’s evidence made a motion for judgment as in case of nonsuit. C. S., 567. Tbe motion was overruled and defendant excepted and assigned error. We think tbe court below was correct in overruling tbe demurrer ore tenus and also tbe motion for judgment as in case of nonsuit. We think there was sufficient evidence…