Paulling v. Marshall

The appellees, in the court below, demurred to appellant’s complaint, -which being sustained, appellant excepted to the decision of the court, and thereupon took a non-suit, and appeals to this court, under section 2759, Revised Code, to have the decision of the court below revised and the non-suit set aside.

We had occasion to construe said section at the present term, in the case of Darden v. James. In that case we held, that the right to appeal to this court to have a non-suit set aside, is given by said section, and as the right depended wholly upon said section, it was to be confined and…