Herold v. Pioneer Trust Co.

Plaintiffs recovered a verdict and judgment in the sum of $687.50. The trial court sustained defendant’s motion for a new trial giving as a reason therefor “that the court erred in refusing to direct a verdict for defendant as requested by defendant,” and plaintiffs have appealed. Defendant at the close of plaintiffs ’ evidence offered an instruction in the nature of a demurrer to the evidence which the court overruled. Defendant did not put on any testimony but the case was submitted to the jury upon instructions for both parties. Plaintiffs offered no instruction upon any theory of recovery…