
    Binion, for use, v. Field et al.
    
    Argued May 23,
    Decided June 8, 1898.
    Equitable petition. Before Judge Hart. DeKalb superior court. August term, 1897.
    
      John A. Wimpy, for plaintiff.
    
      W- W. Braswell and J. N. Bateman, for defendants.
   Lumpkin, P. J.

The bill of exceptions was sued out in due time; and it appearing from an examination of the record that there was evidence 1 entitling the plaintiff to relief against at least some of the defendants, the court erred in granting a nonsuit.

Judgment reversed,

All the Justices concurring.  