Evans v. Boone

Wakd, Justice.

The only question for our decision is whether the Chancellor erred in allowing appellees (plaintiffs below) to take a nonsuit after they had completed their testimony and rested and after appellant’s motion to dismiss.

Since we affirm the indicated action of the Chancellor, it is unnecessary to discuss the merits of the other issues raised in the lower court, and so the following summary of the record will suffice as a background for the question under consideration.

Appellees filed a complaint in the lower court alleging, among other things, that: Mrs. Lizzie McCullough Evans…