MacMahon v. Dozier

FOSTER, Justice.

In this case, appellee recovered a judgment at law for $500 against appellant on a trial in the circuit court with a jury.

A bill of exceptions appears in the record signed by the presiding judge. It was presented to the trial judge more than ninety days after the judgment was rendered, but within ninety days after the court overruled a motion for a new trial.

This appeal was taken by supersedeas appeal bond while the motion- for a new trial was pending and before it was acted upon. Such appeal had the effect of removing the cause from the jurisdiction of the circuit court, so…