Wallace v. Woods

This is an action for $10,000 for the wrongful death of John William Wallace brought by his administrators. At the trial plaintiffs took an involuntary nonsuit. Motion to set this nonsuit aside was overruled by the court and judgment of dismissal entered. From that judgment, plaintiffs have appealed.

Defendant has filed a motion to dismiss this appeal on the ground that the nonsuit was voluntary. At the close of plaintiffs' evidence, the court adjourned "until the hour of 9:30 o'clock A.M. of the following day, to-wit, Saturday, November 26, 1932." Evidently, although the bill of exceptions…