Madgett v. Cincinnati Traction Co.

Citations

• 16 Ohio N.P. (n.s.) 93

Syllabus

<p>Amendment — Application for Leave to Amend Gomes too Late, When— Dismissal Without Prejudice — Too Late to Demand Judgment, When — Judgment Non Obstante Veredicto — Sections 11601 and 10214.</p> <p>1. After a jury is sworn and after either party has demanded judgment on the pleadings it is too late for .the other party to ask to amend. His only remedy is a non-suit — the dismissal without prejudice.</p> <p>2. It is too late to demand such a judgment after evidence has keen heard upon the issues raised ky the pleadings.</p> <p>. 3. These findings do not interfere with a party’s right to judgment on the pleadings in spite of the evidence, non obstante veredicto, kut are in addition thereto.</p> <p>4. Section 11601 of the General Code provides for judgment on t}ie pleadings before evidence has keen heard, and also after evidence has keen heard, i. e., non obstante veredicto.</p>