NICHOLS, J.
1. The plaintiff, in his first special ground of the amended motion for new trial, contends that the trial court erred in failing to dismiss his petition before proceeding to trial on the defendant's cross-action in accordance with Rule 41 of the Superior Court Rules of Procedure (Code, Ann. Supp., § 24-3341).
This court and the Supreme Court have consistently held that an exception to a ruling on a motion to dismiss is not a proper ground...
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