Powell v. Daniel

The plaintiff makes these assertions by his assignments of error:

1. That the court erred in refusing to dismiss the counterclaim upon a compulsory nonsuit.

2. That the court erred in the exclusion of testimony offered by plaintiff.

3. That the court erred in the admission of testimony offered by defendants.

4. That the court erred in its instructions to the jury.

These questions are considered in their numerical order.

There was sharp conflict in the testimony presented by the parties at the trial. The evidence adduced by the plaintiff would have supported a verdict in his favor if it had been…