Childs v. Mays

Henry, Associate Justice.—

This is a suit upon á promissory note for $550. Appellants* petition described it as a note for $500. When it ■was offered in evidence it was excluded on account of the variance, and plaintiffs took a nonsuit unconditionally. Within two days they filed a motion to set aside the judgment of dismissal. During the same term the judgment of dismissal was set aside and the cause reinstated upon plaintiffs paying all costs accrued up to that date. Afterward plaintiffs .amended, correctly describing their cause of action. At the time of the *77nonsuit more than four years had…