EVANS v. BOONE

No. 5-140.

258 S.W.2d 890 (1953)

EVANS v. BOONE et al.

Supreme Court of Arkansas.

June 15, 1953.


Attorney(s) appearing for the Case

L. A. Hardin, Little Rock, Owen S. Samuel, Emporia, Kan, for appellant.

Edwin E. Hopson, McGehee, Talley & Owen and Dean R. Morley, Little Rock, for appellees.


WARD, Justice.

The only question for our decision is whether the Chancellor erred in allowing appellees (plaintiffs below) to take a nonsuit after they had completed their testimony and rested and after appellant's motion to dismiss.

Since we affirm the indicated action of the Chancellor, it is unnecessary to discuss the merits of the other issues raised in the lower court, and so the following summary of the record will suffice as a background for the question...

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