QUILLIAN, J.
1. The plaintiffs insist that the judge's order ruling that the auditor erred in not granting a nonsuit was error because he had never vacated his previous order sustaining the auditor's report. The record discloses that the auditor did not pass upon the question of whether a nonsuit should be granted, but expressly refrained from making any ruling upon the question. His finding in this regard reads: "Although a motion for nonsuit was made by counsel...
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