Opinion
No. 10,992.
Decided July 7, 1924. Rehearing Denied November 10, 1924.
Garnishment proceeding. Judgment against garnishee.
Affirmed. On Application for Supersedeas.
1. VERDICT — Directed — Motion by Both Parties. A request by each party for a directed verdict, is equivalent to a stipulation that the facts may be found by the court, and the court's findings thereon are conclusive if supported by evidence.
Error to the County Court of Montrose County, Hon. S. S. Sherman, Judge.
Messrs. CATLIN CATLIN, for plaintiffs in error.
Messrs. MOYNIHAN, HUGHES, KNOUS FAUBER, for defendants in error.
A VERDICT for $50 was directed by the court against the plaintiff in error as garnishee. After the evidence was all in and both plaintiff and defendant had rested, each side requested the court to direct a verdict in his favor. We said, in Auto Co. v. Petter, 72 Colo. 570, 212 P. 823, that "a request by each party for a directed verdict is equivalent to a stipulation that the facts may be found by the court. The court's finding, thereupon made, is conclusive if there is evidence to support it." There was some conflict in the testimony, but there was abundant evidence to justify the finding in favor of plaintiff below.
We find no reversible error in the record. Supersedeas denied, judgment affirmed.
MR. JUSTICE ALLEN, sitting for MR. CHIEF JUSTICE TELLER, and MR. JUSTICE DENISON concur.