Bruce v. Smith

This was an action by the appellant against the appellee. The cause was once put at issue and submitted to the court for trial, and after the evidence had been adduced and argument had, the submission was withdrawn on the application of the plaintiff, on his payment of the costs. The record states that the defendant excepted to this action of the court, but no bill of exceptions was filed, nor does it appear otherwise upon what ground the submission was set aside.

The plaintiff then amended the third and fourth paragraphs of his complaint, and also filed an additional paragraph, being the…