Creasman v. First Federal Savings & Loan Ass'n
Creasman v. First Federal Savings & Loan Ass'n
Opinion of the Court
At the close of the plaintiff’s evidence in this action to declare void a note and deed of trust, the court allowed the defendants’ motion “for an involuntary dismissal with prejudice” on the grounds that there was insufficient evidence to go to the jury.
In the case before us the defendants’ motion was “for dismissal and (sic) grounds of insufficient evidence to go to the jury.” (Emphasis added.) The defendants used the words “dismissal and grounds” when they should have used “directed verdict on the grounds.” However, the defendants stated grounds entitling them to a directed verdict. The failure to use the words “directed verdict” is not fatal to their motion.
We hold that the trial judge was correct in allowing the motion.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.