Rogers v. Rigell

Russell, Chief Justice.

Rogers filed his equitable petition against certain named defendants, seeking cancellation of deeds, accounting, and other relief. On June 10, 1935, the ease came on for trial at a recessed session of the March term, 1935, of the court. At the conclusion of the plaintiff’s evidence on June 11, 1935, the defendants moved for a nonsuit, which was granted on said date, and judgment of nonsuit was rendered. The judge entered this judgment on the bench docket as having been rendered on June 11, 1935. However, the actual judgment written on the plaintiff’s petition and signed…