...the amount and interest, this'that plaintiff cannot recover." 2d. Refusing defendant's fourth point: "That under all the evidence the plaintiff is not entitled to recover." 3d. Instructing the jury as follows: "The jury is therefore instructed to find for the plaintiff the...

...or of its employes. Defendant submitted the following points : — (1) That under the pleading? and evidence the plaintiff is not entitled to recover, and the verdict should be for the defendant. Refused. Exception. (First assignment of error.) (2) That if the jury find that the goods in question...

...company it was not good after November 1, 1879, and did not exercise such care and diligence, then the plaintiff is not entitled to recover, and the verdict should be for defendant." There was no evidence to justify the submission of this proposition. On the contrary the...

...tainted with fraud. Answer. This question we submit to the jury. We decline to pass upon it." "(14) That, under all the evidence, the plaintiff is not...recover, and the verdict should be for the defendant. Answer. Declined." There was a verdict and judgment for plaintiff, and thereupon defendant took this...

...notice to defendants that such new account was other than his own account carried In this form — then plaintiff Is not entitled to recover, and the verdict should be for the defendants. Answer. That Is substantially what I have said to you, excepting that I call your attention...

...up a large deficiency eacli year. The counsel for defendants asked the court to "instruct the jury that under all the evidence the plaintiff is not entitled to recover." The court, however, refused so to charge, but directed the jury to find verdicts for the plaintiff,...

...former decision, and to hold that the court below erred In not allowing the defendant's first point that, "under all the evidence, the plaintiff is not entitled to recover." Notwithstanding the able argument of the appellant's counsel, we are not convinced of our error, nor...

...points : " The court is respectfully asked to charge the jury on the part of the defendant : " first. That under all the evidence the plaintiff is not entitled to recover." The following is a copy of the charge to the jury, BAILEY, J. : "GENTLEMEN — Counsel have presented...

...a demurrer to the evidence, as follows: "The court instructs the jury that under the pleadings and the evidence the plaintiff is not entitled to recover, and the verdict should be for the defendant" — which instruction the court refused to give, and. no testimony being offered on behalf of defendant,...

...of funds, and that the purchaser did not otherwise make said partial payment, then the plaintiff was not entitled to recover, and the verdict should be for the defendant. Cooper & Cooper, of Huntsville, for appellant Lanler & Pride, of Huntsville, for appellee. McCLELLAN,...