.This case was before us at the Fall Term, 1923, and is reported in 186 N. C., 100. The defendant’s exception to the refusal of the trial court to grant his motion for judgment as of nonsuit was duly presented on the original hearing, but-was not sustained. Certain peremptory instructions were held to be erroneous. Hence, the necessary effect of the rulings was to remand the cause for a new trial, the appeal being from a judgment rendered on a verdict of the jury, and the demurrer to the evidence not being sustained.

Affirmed.