State Ex Rel. Barker v. Palmer

The defendants John Ivey Brown and R. M. Brown at the close of plaintiff’s evidence made a motion in the court below for judgment as in case of nonsuit. C. S., 567. The motion was refused and in this we can see no error. The evidence is not in the record of the appeal to this Court, and the presumption is that it is sufficient to sup port a verdict. In fact, the name “Jitterbug Club” was perhaps an invitation to the lessors Brown to make inquiry.

As a second issue to be submitted to the jury, the defendants R. M. Brown and John Ivey Brown tendered the following: “If so, has such nuisance been…