Hood v. Evans

Franicum, Judge.

The plaintiff sued eight named defendants for damages because of the alleged wrongful death of her husband. Two defendants did not file answers, and the case was in default as to them. The plaintiff gave a “covenant not to sue” to one of the defendants and dismissed her suit as to him, Upon the trial of the case and after the close of the plaintiff’s evidence, the court granted a nonsuit as to all the defendants except the two who had not filed answers. A mistrial was granted as to these two defendants. The plaintiff brought a direct bill of exceptions assigning as error the…