WILSON v. PAYNE

No. 4003

330 P.2d 120 (1958)

Joseph R. WILSON and Beulah Wilson, his wife, Appellants, v. Walter F. PAYNE and Theo Payne, his wife, also known as Mrs. Walter F. Payne, doing business as Ma Rue Beauty and Slenderizing Studio, Respondents.

Supreme Court of Nevada

October 2, 1958.


Attorney(s) appearing for the Case

Woodburn, Forman, Wedge, Blakey, & Thompson, of Reno, for Appellants.

Vargas, Dillon and Bartlett, of Reno, for Respondents.


EATHER, Justice.

Plaintiffs appeal from involuntary dismissal of this action ordered by the trial court under Rule 41 (b) NRCP. The order was entered after plaintiffs had completed presentation of their evidence upon trial. It was based upon the ground that plaintiffs had failed to prove a sufficient case for the jury. The sole question upon appeal is whether, upon the evidence presented, dismissal upon this ground was proper.

The action is for personal injuries...

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