Dobkin v. Dittmers

The opinion of the court was delivered by

Gumkeke, Chiee Justice.

At the close of the trial of this cause, at the Hudson Circuit, counsel for the defendant moved for the direction of a verdict in favor of his client, and the court after hearing argument for and against the motion, instructed the jury to render a verdict for the defendant. Thereupon the attorney for the plaintiff announced his intention to submit to a voluntary nonsuit and moved *236that the plaintiff be called. On this state of facts the Circuit Court has certified to us for our opinion the following question : Can the court (under…