Dunlap v. Dunlap

I. The case is presented here in part upon evidence produced at the trial and in part upon offers of proof. At the close of the testimony, the motion for a nonsuit was made and the plaintiff was permitted to make the first offer of additional proof. The motion was then granted subject to exception. About a week later, the plaintiff was given leave to make a further offer of proof. The defendant excepted, and now claims that the last offer of proof cannot be considered here. The objection is not well taken. The case was still within the control of the superior court, and there was…