Taylor v. Cleghorn Bros.

In a proceeding in the city court of Carrollton to foreclose a materialman’s lien, a judgment was rendered in favor of the materialman, and execution was levied on real estate. A claim was interposed by John C. Taylor, and was duly returned to.the superior court. At the trial in that court on October 4, 1932, the claimant moved “to dismiss said suit,” for three stated reasons, which motion was overruled. There was no exception pendente lite to that ruling. When subsequently the motion for a new trial was overruled, a bill of exceptions, complaining of the refusal “to dismiss the suit,” and of…