West Virginia Supreme Court June 28, 1938, 8733 (Belmont Iron Works v. Boyle)

*340

Maxwell, President:

This is an appeal from a decree of the circuit court of Jefferson County dismissing plaintiffs’ bill. The chancellor’s ruling was made at the conclusion of the introduction of plaintiffs’ testimony when defendents, moved for a final decree in their favor. That procedure was warranted by a provision in Rule 10 of Rules of Practice and Procedure for Trial Courts, 116 W. Va.