At the trial of this action in the Superior Court, Dr. J. A. Winstead, a physician, was offered as a witness for the plaintiff. He testified that on several occasions prior to the issuance of the policy of insurance, which is the subject-matter of this action, he had rendered medical services to the insured. This testimony was offered as evidence in support of the allegations in the complaint that the insured had made false and fraudulent representations with respect to his health, which were material to the issuance of the policy.
Defendants’ objection to the plaintiff’s question addressed to this witness, relative to the diseases for which he had treated the insured, was sustained, for that under the statute, C. S., 1798, information acquired by the witness, while attending the insured in a professional capacity, was privileged. The presiding judge, in the exercise of his discretion, refused to compel the witness to disclose this information. He declined to find that such disclosure was necessary to a proper administration of justice. Ins. Co. v. Boddie, 194 N. C., 199, 139 S. E., 238.
Subsequently, during the voluntary absence of plaintiff’s counsel from the trial, defendants moved the court to strike out the testimony of Dr. Winstead, to the effect that he had rendered medical services to the insured prior to the issuance of the policy. This motion was allowed. *667If counsel for plaintiff bad been present, they would bave excepted to tbe allowance of tbe motion. Whether or not, upon objection to tbe motion, defendants’ counsel would bave insisted upon it, does not appear.
While tbe case on appeal for this Court was being settled by tbe judge, in accordance with tbe provisions of C. S., 644, plaintiff’s counsel, for tbe first time, requested that an exception be noted to tbe allowance of defendants’ motion to strike out tbe testimony of Dr. Winstead. This request was denied by tbe judge, for tbe reason that tbe exception was not taken in apt time, and that the judge was without power to grant tbe request, made after tbe verdict bad been returned, and tbe judgment signed.
Tbe assignment of error based upon this exception cannot be considered by this Court. Tbe exception was not taken in apt time. C. S., 590. Alley v. Howell, 141 N. C., 113, 53 S. E., 821. This is tbe only assignment of error relied upon by plaintiff on its appeal to this Court. As it cannot be considered, tbe judgment is affirmed. There is
No error.