Gruber v. . Ewbanks

There was no error in the denial of defendants’ motion for judgment on the notes described in the complaint. This motion was made for the first time after the action had been dismissed by final judgment, and after said judgment had been affirmed on plaintiff’s appeal, by this Court. The action was not pending, at the time the motion was made in the Superior Court of Henderson County, except for the purpose of ascertaining the damages which defendants had sustained by reason of tbe issuance of tbe restraining orders, and tbe continuance of said orders to tbe final bearing. C. S., 855; Well Co.…