Davison v. Stutts

BOULDIN, Justice.

Where, because of adverse rulings, it becomes necessary for plaintiff to suffer a nonsuit, an appeal to review such rulings under Code, § 6431, is from the judgment of nonsuit, entered by the court at the instance ■ of plaintiff, a judgment to the effect that defendant go hence, etc., putting the case out of court. Alston v. Marengo County Board of Education et al., 224 Ala. 676, 141 So. 658; Wood, use, etc., v. Coman et al., 56 Ala. 283; Smith v. Louisville & N. R. Co., 208 Ala. 440, 94 So. 489.

In this cause the record shows no judgment. The bill of exceptions recites that…