51 So. 562 | Ala. | 1910
— The appeal in this case is from a voluntáry nonsuit, with a bill of exceptions, as is provided by section 3017 of the Code.' This section reads as follows: “If, from any ruling or decision of the court on the trial of a cause, either upon pleadings, admission or rejection of evidence, or upon charges to the jury, it may become necessary for the plaintiff to suffer a nonsuit, the facts, point-,, ruling, or decision may be reserved for the decision of the Supreme Court by bill of' exceptions or by’appeal on the record as in other cases.” -■
The bill of exceptions concludes as follows: “The plaintiff rested his case, whereupon the defendant moved the court for leave to reinterpose its plea No. 3, being the plea of the statute of limitations of one year, to which a. demurrer had theretofore been sustained by the court, upon the argument of which motion plaintiff’s counsel again asserted and asseverated that his action was in trespass from the beginning to the end, and that the plea of the statute of limitations of one year was not applicable thereto. The court granted the motion,
The first error assigned is the giving of the affirmative charge for defendant. The record affirmatively shows that the charge was not given, so we cannot review this assignment.
The exception is that the court erred in the judgment rendered. The judgment rendered was a voluntary nol. pros.’ taken by the plaintiff, and‘of course he cannot complain of it. It is what he requested.
The last exception is to the allowing of a plea to be filed after demurrer had been once sustained. If this was error, it is not shown to have been excepted to, ánd,. moreover, we do' not see that it was reversible error.
The judgment is affirmed.
Affirmed.