Did he forget
something? What was there that he did not remember? Will the case be
dismissed because he forgot to tie a shoe lace or put in a pin? If he
is more experienced in court work he will not be so worried. The law
is that the plaintiff must be given every chance at this stage of the
proceeding. Only when both sides are through does the law begin to
weigh the evidence. At the close of the plaintiff's case everything is
in his favor. Any particle of testimony is sufficient on a particular
point. The theory of the law is that both sides must be heard. If the
motion to dismiss is made on the ground that something has been left
out, the court will usually give an opportunity to prove to whom the
red cow belonged. This motion like many other relics of a by-gone age,
is a matter of custom and tradition. It is usually made on the theory
that the judge may think there is no case and that the plaintiff can
not make out a case. If he so decides, the case is finished, the jury
is discharged, and the client has his feelings hurt by being thrown
out of court.
From a decision of this kind there is also a right of appeal which may
result in a reversal. Then the new jury is impanelled, the witnesses
are recalled, and the proceedings are gone over once more.
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