W. B. Walker & Sons v. Hernandez

EIDSON, Associate Justice.

It appears from the recitals of the judgment of the court below, as embraced in the record in this cause, that after the parties had announced ready for trial and the demurrers and exceptions of the plaintiffs in error to the defendant in error’s petition had been presented, argued by counsel and overruled by the court, and the selection of a" jury begun, the defendant in error asked the court to permit him to take a non-suit, and before any order was granted allowing such non-suit the plaintiffs in error prayed the court to allow them to amend their pleadings in the…