DENNY, Justice.
The defendant assigns as error the refusal of the court below to sustain his motion for judgment as of nonsuit interposed, in both cases, at the close of the evidence for plaintiffs and renewed at the close of all the evidence.
We will consider this assignment of error first since if it is sustained, it will not be necessary to consider the defendant's other assignments of error, or those relied upon by Edwards and West on their appeal.
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