well produces gas in paying quan
tities is a question for the jury to
decide, and a witness cannot be
called to decide such fact for them.
Ohio Oil Co. v. McCrory.
441.
The witnesses might be called
to give the jury evidence of facts
which would enable it to arrive at
a conclusion as to what a well
should produce to justify marketing,
but a witness cannot be asked the
very question that is involved in the
litigation, for if that was So it
would not be necessary, to have a
jury.
Ib.
WORD'S AND PHRASES DEFINED
The words, "cause, suit, action
and case," when used to describe
a proceeding whereby litigation is
carried on, are used as syonymous
terms. Clark V. Commissioners.