Jackson v. Bernstein

Among the several assignments of error in the judgment rendered in this case, the fact that we did not pass upon the exceptions of no cause and no right of action is stressed. Neither the merits of these exceptions nor the correctness of the judgment as against the widow and heirs of Henry Bernstein, deceased, were tendered by the appeal.

Plaintiffs appealed from that part of the judgment that dismissed as of nonsuit their case against T. J. Owen. The defendants did not appeal nor did either answer plaintiffs' appeal. Therefore, the judgment could not be amended in their favor. See Jones v.…