Perkins v. Maiden

As administratrix of the estate of F. W. Perkins, deceased, the plaintiff sued the defendant to recover a judgment for $5,000. The defendant answered and the action was tried by the trial court sitting without a jury. When the plaintiff had rested her ease, on the motion of the defendant the trial court ordered a nonsuit. The plaintiff made a motion for a new trial, the motion was denied, and the plaintiff has appealed.

The order of nonsuit was entered on January 15, 1940, the day it was announced. On January 17, 1940, the defendant prepared a formal judgment of nonsuit, had it signed by the…