Kelley v. Cartledge

The hill of exceptions recites: “After hearing the evi-

dence the court directed the following verdict: ‘We, the jury,'find in favor of the injunction prayed in the within petition, and against the prayers of the answer and cross-hill;’” and that thereupon it was adjudged that the plaintiff recover for the use of the officers of court the costs in the case. There is a further recital that the defendant at a stated time filed a motion for new trial, that on a given date the motion was overruled, and that defendant “ then and there excepted, and now excepts and assigns the same as error,”…