...prove a sufficient case for the jury. The dismissal mentioned in the first two subdivisions shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly.1 A party can not be sent out of court merely because his facts do not entitle him to relief...

...when, upon trial and before the final submission of the case, the plaintiff abandons it. Fifth. By the court, upon motion of the defendant, when upon...dismissal mentioned in the first two subdivisions shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly, In...

...court, when upon trial and before the final submission of the case the plaintiff abandons it. Fifth. By the court, upon motion of the defendant, when upon...dismissal mentioned in the first two subdivisions shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly. In...

...court, when upon trial and before the final submission of the case the plaintiff abandons it. Fifth. By the court, upon motion of the defendant, when upon...dismissal mentioned in the first two subdivisions shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly. In...

...case, is the fifth ; which is, that an action may be dismissed, or a judgment of nonsuit rendered, "by the Court, upon motion of the defendant, when, upon...plaintiff fails to prove a sufficient case for the jury" ; and the following section provides that in every case, other than those mentioned in the last section,...

...court, when upon the trial and before the final submission of the case, the plaintiff abandons it. 6. By the court, upon motion of the defendant when upon...plaintiff fails to prove a sufficient case for the jury. 6. By the court, when after verdict or final submission the party entitled to judgment neglects to...

...provides that a judgment of nonsuit may be entered by the court, upon motion of the defendant, when the plaintiff fails to prove a sufficient case for the jury. The motion for a nonsuit in this case was in the nature of a demurrer to the evidence, the defendants contending...

...bo questioned. Section 4:!54, subd. 5, Rev. St. Idaho, provides that the court may grant a nonsuit, "upon motion of the defendant, when, upon the trial, the plaintiff fails to provea sufficient case for the jury." In the federal courts of the United States a compulsory nonsuit...

...An action may be dismissed or a judgment of nonsuit entered in the following cases : . . . Fifth, By the court upon motion of the defendant, when upon...fails to prove a sufficient case for the jury." The •exception to the ruling of the court was taken by bill of exceptions in this case, embodying the...

...defence. The practice in Montana (Comp. Stat. sec. 242) permits a judgment of nonsuit to be entered " by the court, upon motion of the defendant, when, upon...plaintiff fails to prove a sufficient case for the jury." Without going into the question whether the motion was properly made in this case, it is -sufficient...