Chapize v. Bane

‘OPINION of the Court, by

Ch. J. Bibb.

Upon a demurrer to the evidence, tendered by the defendant, anc^ voluntarily joined by the plaintiff, the jury assessed the damages, subject to the opinion of the court upon the demurrer : but that opinion being against the plain* ¡n the action, judgment was entered for the defendant: the plaintiff prosecutes this writ of error to that judgmfent. Four points are to be considered:

*St‘ "^e character and species of the count,

2d. The effect of a bill of exceptions to the admission of a deposition, tendered and allowed, on behalf of the demurrant.

3d. The…