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IN RE BOWLING

No. 2013-CA-01174-COA.

155 So.3d 907 (2014)

In the Matter of the Last Will and Testament of Herman BOWLING, Deceased: Paula B. Hicks, Appellant. v. Mark S. Bowling, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied January 20, 2015.

Attorney(s) appearing for the Case

Joe M. Davis , New Albany, attorney for appellant.

Mark Nolan Halbert , Tupelo, attorney for appellee.

Before IRVING, P.J., MAXWELL and JAMES, JJ.

¶ 1. When a case is tried without a jury, the judge may dismiss a plaintiff's claim if the evidence, viewed fairly, did not obligate the judge to find for the plaintiff. Here, Paula Hicks tried her will contest without a jury. And when she finished presenting her evidence, the chancellor dismissed her claim that...

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