TOWNSEND, J.
1. There is a motion to dismiss the bill of exceptions on the grounds that (a) plaintiff in error fails to assign error on a final judgment; (b) a nonsuit of the plaintiff can not be a final judgment where the defendant has a crossaction; (c) the refusal to grant a nonsuit is never error where a verdict is returned in favor of the plaintiff, and (d) the evidence does not authorize a verdict for the plaintiff. The last ground will not be considered as...
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