Cook v. Attapulgus Clay Co.

The purpose of the very able trial judge in seéking to facilitate a final disposition of the case by having this court pass on the evidence without the cost and expense of another trial is to be commended; and we have diligently sought to ascertain if it lay within our power to pass upon the questions of evidence made by the record as now presented. After mature consideration we have reached the conclusion that we can not do so. *612Neither of the cases cited in the judgment and opinion of the trial judge as authority for his grant of a nonsuit after verdict and judgment and in vacation (Hill v.…