The appeal is directed at the- correctness of the refusal of the trial court to nonsuit and direct a verdict in favor of appellant, and to the alleged error of the court in submitting the cause to the jury upon a theory not supported by the pleadings. -The latter ground is not properly before us, because not raised by proper exception or otherwise in the trial court.

There was no error in the trial court’s refusal to- nonsuit or direct a verdict, because there was evidence- requiring a submission of the cause to the jury.

The judgment below is affirmed, with costs.

For affirmance — The Chancellor, Chief Justice, Trenchard, Parker, Minturn, Black, Katzenbach, Campbell, Lloyd, White, Gardner, Van Buskirk, Clark, McGlennon, Kays, JJ. 15.

For reversal — None.