W. T. Rawleigh Co. v. Overstreet

The defendants moved to dismiss the bill of exceptions in this court. Under the facts of this case, we may concede that the bill of exceptions is not subject to dismissal for the reasons assigned, since the whole matter was still within the breast of the court, passing upon the law and facts without the intervention of a jury. The plaintiff is complaining of the finding by the court in favor of the defendants that they are not liable, having been released by the failure of the plaintiff to sue. This contention is determined against the plaintiff. The bill of exceptions is not dismissed…