Kizer v. Bowman

The appellant’s first thirteen exceptions and assignments of error are directed to the refusal of the court below to strike certain allegations in the complaint. However, in our opinion, the alie- gations which the defendant sought to have stricken from the complaint were not prejudicial to him. Therefore, these exceptions and assignments of error based thereon are overruled.

Assignments of error Nos. 37 and 38 are directed to the failure of the trial court to sustain defendant’s motion for judgment as of non-suit interposed at the close of plaintiff’s evidence and renewed when the defendant…