Hageman v. Moreland

Dryden, Judge,

delivered tlie opinion of the court.

This was a petition for the foreclosure of a mortgage. The defendant answered, and the plaintiff moved to strike out the answer, and the motion being overruled, the plaintiff, for this cause, voluntarily suffered a nonsuit, with leave to move to set it aside. A motion to set aside was made and refused, and the plaintiff brings the case into this court by writ of error.

In the present posture of the case, we can give no opinion .upon the merits. The plaintiff was under no necessity to take a nonsuit. The court has made no decision which…