O'Briant v. . Lee

Stacy, C. J\,

dissenting: The disposition about to be made of this case is not warranted by the record. Much of the law discussed is inapplicable.

In the first place, the question of nonsuit was not and could not have been presented on the former appeal as the plaintiffs were then appealing from a judgment rendered on a verdict, and a new trial was awarded for error in the charge. All that was there said about an issue of fact for the jury was addressed to the motion for judgment on the pleadings; and hence it cannot be the “law of the case” on the present appeal which is from a judgment of…