(DOWNLOAD) "Greer V. Goesling" by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Greer V. Goesling
- Author : Arizona Supreme Court
- Release Date : January 18, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
A jury was impaneled to try the issues raised by the pleadings. At the conclusion of the testimony, the court took the case from the jury on the ground that there was no material controverted issue of fact for it to decide, and that since the suit was an equity case, the jury sat only in an advisory capacity, and the proper method of procedure, under the circumstances, was to discharge the jury, rather than instruct it to return a verdict in favor of plaintiff. After the jury was discharged, the court rendered judgment against defendant for the amount of the note, plus interest and attorney's fees; that the money received from the sale of the cattle was subject to the lien of the mortgage and should be paid over to plaintiff, and ordered the mortgage foreclosed, with a general judgment against defendant for any deficiency.