Kroetch v. Morgan

Citations

• 10 Idaho 172
• 77 P. 19
• 1904 Ida. LEXIS 6

Syllabus

<p>Nonsuit — Writ of Mandate — Cause Remanded for a New Trial— Dismissed on Opening Statement of Counsel for Plaintiffs-to Jury — ¡Writ Issued Requiring Judge to Retry the Action.</p> <p>1. At the close of plaintiffs’ evidence, court granted motion for nonsuit and entered judgment of dismissal from which an appeal was taken. It was held on appeal that plaintiffs had made a prima facie case and cause was remanded for a new trial. Cause came on for retrial before court with jury, and after counsel for plaintiff had made his opening statement to jury the court sustained a motion to dismiss the action and entered judgment of dismissal. Thereupon a writ of mandate was prayed for to require court to proceed to try said action as directed by decision of appellate court. Held, that the writ should issue.</p> <p>(Syllabus by the court.)</p>