Drischel v. Drischel

Where in the trial of a case the plaintiff files exceptions . pendente lite to an interlocutory ruling of the judge, and, after a final judgment is rendered for that party, and a new trial refused, the case is brought to this court on a writ of error by the defendant, and the plaintiff fails to assign error on his exceptions pendente lite by a cross-bill of exceptions, and the judgment in favor of the plaintiff is reversed, resulting in a new trial and a verdict in favor of the defendant, and the case is again brought to this court for review, it is too late for the plaintiff, in the second…