McREYNOLDS v. THALER

No. 33870.

49 Wn.2d 905 (1957)

307 P.2d 1060

RALPH H. McREYNOLDS, Respondent, v. JOSEPH THALER et al., Appellants.

The Supreme Court of Washington, Department One.

March 7, 1957.


Attorney(s) appearing for the Case

McKevitt, Snyder & Thomas, for appellants.

William M. Gerraughty, for respondent.


FOSTER, J.

There is here for review the question of whether a plaintiff, as a matter of right, is entitled to a voluntary nonsuit at any time before a final ruling against him.

Appellants contend that, after the respondent (plaintiff) had rested at the conclusion of his opening case, and after appellants had challenged the legal sufficiency of the evidence, the respondent's (plaintiff's) motion for a voluntary nonsuit came too late, and that there was then...

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