Williams v. McElroy

1. When it appears from the record that this court is without jurisdiction of the ease, it is ordinarily the duty of this court so to declare, irrespective of whether or not any such point is made by the record. The only questions which this court is authorized to pass upon are those made by the bill of exceptions. Where from the whole bill of exceptions it is plainly apparent that exception is intended to be taken to the action of the court in granting a nonsuit and dismissing the case at the termination of the plaintiff’s evidence, and complaint is directed to the alleged error of…