McKim v. Porter

Citations

• 60 Wash. 270
• 110 P. 1073
• 1910 Wash. LEXIS 1038

Syllabus

<p>Judgment — Bab—Direction oe Verdict — -Form—Conclusiveness. A judgment reciting that the defendant challenged the legal sufficiency of the evidence and moved the court to decide, as a matter of law, that the defendants were entitled to a verdict in their favor, and that the jury be discharged and judgment entered in favor of the defendants upon the ground that the plaintiff failed to prove a sufficient cause for the jury and granting the motion in all things, is a judgment on the merits and a bar to another action, under Rem. & Bal. Code, § 340, requiring the court to decide, as a matter of law, what verdict shall be found, etc.; and not a judgment of nonsuit, under Id., § 408, for plaintiff’s failure “to prove a sufficient cause for the jury” (Rudkin, C. J., and Gose, J., dissenting).</p>