McKinney v. . Dill

At tbe close of plaintiff’s evidence tbe defendants moved for judgment of nonsuit. Tbe trial judge, without ruling on tbe motion, expressed tbe view that tbe plaintiff’s evidence did not in some respects correspond with her complaint, and in bis discretion and ex mero motu withdrew a juror and ordered a mistrial, with permission to tbe plaintiff to amend her complaint. Tbe defendants appealed, for that tbe court failed to rule on their motion to nonsuit, and plaintiff likewise appealed on account of tbe statement by tbe court that tbe plaintiff’s complaint needed amendment to conform to tbe…