Oppenheimer Bros. v. Elmore

The record discloses that after the issues were made up, the jury impaneled and sworn, and the plaintiff’s evidence adduced, the defendant submitted a motion •asking the court to direct a verdict for him; and that after the court had indicated that he would sustain the motion, but before any entry was made on the docket or any. direction in fact givén to the jury, the plaintiffs asked the court to dismiss their case without prejudice, ‘ which it refused to do, but, on the contrary, instructed the jury to return .•a verdict for defendant, which was accordingly done, and a judgment was…