Hoy v. Smith

Citations

• 2 Wyo. 440

Syllabus

<p>Non-Suit. — It is error for the court to grant a non-suit upon the defendant’s motion, and against the will of the plaintiff, his objection being made at the time and an exception duly taken.</p> <p>Idem. — If the law was against the plaintiff, the court might of its own motion, or upon the request of the defendant, have instructed the jury to find for the defendant, and if the court so held, or believed, it would have been its duty to so instruct.</p> <p>(Reaffirming, Mulhevn v. The Union Pacific Pailway Company.)</p>