State ex rel. Gauvey v. Lofton

In as much as the parties waived a jury and tried the case to the court the judge acted not only' as judge but as jury, therefore, the dismissal of the cause at the conclusion of plaintiff’s case required both the *416action of the judge- determining the law of the case and as a jury passing upon the facts as then presented. As there was no question of law to determine the court only had to act as a jury and weigh the evidence to determine whether or not as a trier of the facts, the plaintiff had sustained its case. The order of dismissal being general is tantamount to a general verdict and we…