Myers v. Weger

The opinion of the court was delivered by

Adams, J.

The plaintiff in error, who was the defendant below, excepted to the admission of certain evidence and to the refusal of the trial judge to grant a nonsuit and has assigned error thereon. The assignments of error for refusal to .nonsuit will first be examined. The allegation is that in *434two respects the plaintiffs below failed to prove a cause of action against the defendant. In order to determine this twofold question it is necessary to examine the record and proofs.

The declaration alleges that Christine Myers, the sole devisee under -the last…