Lane v. Gassoway

The defendant in error has filed in this court a motion to dismiss the writ of error on the ground that it contains no sufficient assignment of error. The bill of exceptions recites that “appellant filed, prior to assignment of the case for jury trial, a motion praying that the court render judgment on the pleadings, and a rule nisi was granted and served. The question was argued by counsel before Judge Jones on February 3, 1944, but the court refused to enter any judgment thereon and in effect overruled said motion, to which appellant then and there excepted, here and now excepts, assigns…