Jessup v. . Nixon

Tbis action bas been twice before tbis Court — 186 N. C., p. 100; 193 N. 0., p. 830. On tbe second appeal it was said-: “Tbe defendant’s exception to tbe refusal of tbe trial court to grant bis motion for judgment as of nonsuit was duly presented on tbe original bearing, but was not sustained. Certain peremptory instructions were -beid to be erroneous.. Hence, tbe necessary effect of tbe rulings was to remand tbe cause for a new trial, the appeal being from a judgment rendered on a verdict of the jury, and the demurrer to the evidence not being sustained.”

The record discloses: That Francis…