This proceeding (now practically obsolete) was analogous to a demurrer to a pleading. It was an objection or exception by one of the parties in an action at law, to the effect that the evidence which his adversary had produced was insufficient in point of law (whether true or not) to make out his case or sustain the issue. Upon joinder in demurrer, the jury was discharged, and the case was refiled to the court in banc, who gave judgment upon the facts as shown in evidence. See3 Bl. Comm. 372; Bass v. Rublee. 7(5 Vt. 395, 57 Atl. 906: Patterson v. Ford, 2 Grat.(Va.) 18; Suydam v. Williamson, 20 How. 430, 15 L. Ed. 078: Railroad Co. v. McArthur,43 Miss. ISO.
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