McAbee v. Parker

— The appellee was plaintiff in the court below, in a contest inaugurated under the statute to try the appellant’s right of exemption to certain premises claimed as a homestead, and was permitted by the court, against objection, to take a nonsuit in the action, without a trial on the merits. It is insisted by the appellant, that the court erred in allowing a judgment of nonsuit. The correctness of this contention depends upon the proper construction of section 2838 of the Code of 1876, which provides for the framing and trial of such issues. After providing for the inauguration of such a…