Hopkins v. . Barnhardt

The only exception and assignment of error by the defendant is to the refusal of his Honor to enter judgment as of nonsuit upon the ground that plaintiff had not offered sufficient evidence to establish the ceiling price of the defendant on the date of sale of said sugar.

We think a more serious question confronts us on this record, to wit, one of jurisdiction. The court, in accordance with the long established practice, raises the question ex mero motu. “When there is a defect of jurisdiction, or the complaint fails to state a cause of action, that is a defect upon the face of the record…