Wyatt v. Evins

The act of 1846 authorized a plaintiff, when compelled to enter a nonsuit in consequence of the adverse ruling of the court, to revise the decision in this court, whether made upon the pleadings or the evidence; and if the record disclosed the point decided, a bill of exceptions was not necessary to present it. Duncan v. Hargrove, 22 Ala. 150 ; Blackburn v. Minter, Ib. 613.

But section 2759 of the Revised Code is materially different from the act of 1846, in one respect; as construed by this court, that section requires that the plaintiff, when compelled to suffer a nonsuit on account of an…