Perkins

This action is brought to recover the sum of eighty-three thousand seven hundred and four dollars and fifteen cents, alleged to have been paid by plaintiff and his assignors to defendants while acting as the agents and managers of the so-called Home Benefit Life Association. Defendants had judgment, from which this appeal is prosecuted on bill of exceptions.

The cause was tried by the court without a jury. Plaintiff introduced a large amount of testimony, oral and documentary, covering over four hundred, and fifty folios of the printed transcript. The bill of exceptions then contains a statement as follows:

1. It is now claimed as error that the court stopped the in *320 traduction of any further, evidence by plaintiff and ordered a, judgment of dismissal The record discloses no formal motion for nonsuit by defendants, nor does it show that plaintiff had' other testimony to offer, or desired to offer other testimony,, .either before argument upon defendants’ suggestion, or after the ruling of the court; nor did plaintiff assign any reasons for objecting to the order. The situation is anomalous, and yet we do not think the court erred in acting on the suggestion as though…