Spector v. MODEL CONSTRUCTION CO., INC.

1. The plaintiffs insist that the judge’s order ruling that the auditor erred in not granting a nonsuit was error because he had never vacated his previous order sustaining the auditor’s report. The record discloses that the auditor did not pass upon the question of whether a nonsuit should be granted, but expressly refrained from making any ruling upon the question. His finding in this regard reads: “Although a motion for nonsuit was made by counsel for defendant, Fine, your auditor shows that he should, not rule on the same because he has no power to do so. However, if the court holds that…