Eubank's Ex'or v. Smith

Citations

• 77 Va. 206
• 1883 Va. LEXIS 49

Syllabus

<p>1. Practice at Common Law—Demurrer to evidence—Joinder.—In Virginia either party may demur to the evidence, and the court compel a joinder; but the court’s action is subject to review.</p> <p>2. Idem—Province oj the jury.—Where the case is plainly against the demurrant, or where there is doubt as to the facts proved by, or the proper inferences deducible from the evidence, the court should always refuse to compel a joinder in the demurrer; for to do so would be to usurp the province of the jury.</p> <p>3. Idem—Case at bar is one where, in the opinion of this court, there was sufficient doubt as to the facts established and the proper inferences to be drawn, to make it improper to withdraw the case from the consideration of the jury.</p>