Glenn v. Burgess

1. In a claim case, at the conclusion of the evidence for the plaintiff in fi. fa., the claimant made a motion to dismiss the levy. The court passed an order granting a nonsuit and dismissing the levy on the land claimed. “To this order granting a nonsuit and dismissing said levy the plaintiff in fi. fa. then and there excepted, and now excepts and assigns the same as error.” The claimant, who is the de*349fendant in error in this court, moves to dismiss the bill of exceptions upon the ground that there is no sufficient assignment of error. Held: “That the court erred in granting a nonsuit is a…