HIGGINS, Justice.
The following appears in the defendant's brief: "The appellant only appeals on the correctness of the court's ruling in submission of this case to the jury and is not seeking a new trial." Eliminated, therefore, are all assignments of error except No. 5: That the court erred in overruling the defendant's motion for nonsuit. Since the only question presented is the nonsuit, evidence both properly and improperly admitted must be considered. Early v...
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