Lane Ex Rel. Lane v. Paschall

The defendant, at the close of the plaintiff’s evidence, made motion for judgment as in case of nonsuit. The motion was overruled and defendant excepted. Defendant did not renew his motion at the close of all the evidence, C. S., 567, nor did defendant, under O. S., 565, at the close of all the evidence in apt time request the court in writing to instruct the jury that in view of all the evidence the first issue should be answered “No,” and the second issue “Yes.” We think defendant is precluded from raising the question that the evidence on the part of the plaintiff was not sufficient to be…