Mulhern v. Union Pacific Railroad

Citations

• 2 Wyo. 446

Syllabus

<p>Non-Stjxt. — A non-auit is not a judgment nor the final determination of a cause, and under section 319 of the Civil Code a district court of this Territory has no authority to order a peremptory non-suit against the will of the plaintiff.</p> <p>Motion hob. New Tbiau. — A motion for a new trial in the district court was unnecessary, for the reason that the trial by jury, which was inaugurated, was never had.</p>