GOETZINGER v. WOODLEY

No. 2527.

17 F.2d 83 (1927)

GOETZINGER et al. v. WOODLEY et al.

Circuit Court of Appeals, Fourth Circuit,

January 11, 1927.


Attorney(s) appearing for the Case

A. D. MacLean, of Washington, N. C. (Tazewell Taylor, of Norfolk, Va., and W. B. Rodman, Jr., of Washington, N. C., on the brief), for plaintiffs in error.

H. S. Ward, of Washington, N. C. (Junius D. Grimes, of Washington, N. C., on the brief), for defendants in error.

Before WADDILL, ROSE, and PARKER, Circuit Judges.


ROSE, Circuit Judge.

The plaintiffs in error, who occupied the same position below, assign as error the entry of a compulsory nonsuit at the close of their evidence and the exclusion of certain testimony offered by them. These are matters which cannot be considered by us, unless the facts out of which they arose are made to appear by a proper bill of exceptions. While the suit was brought as far back as 1916, it was not tried until the January special term in the...

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