89 P. 957 | Or. | 1907
“A judgment of nonsuit may be given against the plaintiff, as provided in this chapter; * * on motion of the defendant, when the action is called for trial, and the' plaintiff fails to appear, or when, after the trial has begun, and before the final submission of the cause, the plaintiff abandons it, or when upon the trial the plaintiff fails to prove cause sufficient to be submitted to the jury.”
The judgment reviewed, being for that reason erroneous, should be set aside; hence the jedgment appealed from should be reversed, and the cause remanded to the circuit court, with direction to set aside the judgment of the justice’s court, and remand the cause for further and proper proceedings not inconsistent with this opinion. Beversed.