Carvette v. Fidelity & Deposit Co.

The issue is whether the court erred in rendering judgment for the defendant after the plaintiff had filed a withdrawal of the action. The plaintiff brought this action against the defendant, the defendant demurred to the entire cause of action stated, and the court sustained the demurrer. The plaintiff failed to plead over, and judgment “as in case of non-suit” was rendered on the defendant’s motion. The plaintiff appealed, assigning as error that the court had assumed jurisdiction to render, and had rendered, the judgment after the plaintiff *698had filed a withdrawal of the action. These are…