Brown v. Wellington Mines Co.

Cunningham, Presiding Judge.

Appellant Brown, as plaintiff below, filed his complaint in the district court in support of an adverse proceeding against the appellees. When the case was called, after a considerable parley in which the court, the plaintiff and the attorney for the defendant took-part, plaintiff moved orally that the case be nonsuited. No attempt was made by Brown to withdraw his motion for a. nonsuit, which, before the taking of any testimony, was granted, or, at least, the trial judge entered the nonsuit, to which plaintiff saved an exception. Assuming that under this state of…