Marsh v. Wittmeier

COLEMAN, Justice.

The record indicates that the plaintiff undertook to suffer a voluntary nonsuit under § 819, Title 7, Code 1940, on account of a ruling sustaining a demurrer to the complaint. Plaintiff also undertakes to *173appeal to obtain review of that ruling. The judgment entry, in pertinent part recites :

“January 10, 1964. Comes this day the parties to this cause by their attorneys and in open court the plaintiff takes a non suit because of the adverse ruling by the court on the demurrer. The plaintiff is given leave to appeal and on this day files notice of appeal to the Supreme Court of…