Jackson v. Davis

Head, Justice.

The bill of exceptions recites that the trial court overruled the oral motion of the defendant (now -plaintiff in error) to dismiss the petition and the restraining order previously granted at the interlocutory hearing, on the grounds that the admissions of the plaintiff and the evidence for the defendant disproved any right of recovery in the plaintiff. The court’s judgment, set out in the bill of exceptions, makes no reference to any motion to dismiss, and the former restraining order is modified to require the plaintiff to make certain payments into the court. Held:

1. “All…