Atlantic & Birmingham Railway Co. v. Sumner

1. Whether a nonsuit could or could not have been properly awarded- when the plaintiff closed his case, there being sufficient evidence, when the evidence was all in, to support the verdict in favor of the plaintiff', the refusal of a nonsuit affords no cause for a reversal.

2. Where on the trial of a civil case the evidence was stenographically reported, hut a mistrial was had, and in preparing for a second trial one side procured the stenographer to write out notes of the evidence, if this was done at the expense of such party and was its private memorandum, the presiding judge should not…