Gomer v. Chaffee

The motion to strike out the bill of exceptions and to dismiss the writ of error is based mainly upon the proposition that, in contemplation of law, judgment was entered in the case at the April term, 1879, of the Court below, and that it had not jurisdiction at the subsequent June term, to entertain and decide the motion for a new trial, nor to make or settle a bill of exceptions.

The trial was to the Court, without a jury, and its findings were announced on the 8th day of April. A notice of a motion *395for a new trial was then given by counsel for the plaintiff, and afterwards a written motion…