Fisher v. Rowland

We will not determine your point in such a hurry. You have at your election to demur to the evidence, or, if you agree among yourselves, you may state the case and reserve it, taking the verdict conditionally.

Defendant’s counsel did not choose to demur. Plaintiff’s counsel went on with additional evidence etc. The cause submitted without argument.

Verdict for plaintiff. Rule to show cause, which was given upon the merits.