Nash v. . Royster

The exception addressed to the refusal of the colirt to grant the defendant’s motion for judgment as of nonsuit, made first at the close of the plaintiff’s evidence, and renewed at the close of all the evidence, needs no particular elaboration. The first exception has been waived, under the express provisions of the statute. C. S., 561. The defendant had the right to rely on the weakness of the plaintiff’s evidence when she rested her case; but, having elected to offer testimony in his own behalf, he did so cum onere, and only the exception noted at the close of all the evidence may now be…