Flibotte v. Mullen

There are two of these actions, in each of which’ there is an appeal by defendant from the judgment. In the first the judgment dismissed the action for insufficiency of the complaint. The only objection defendant makes to it is that the case had been tried, and that defendant was then entitled to have the cause determined on the merits. But there is no case nor bill of exceptions, — nothing to show at what stage of the case, whether pending the trial or before or after the final submission of the case, the order for dismissal was made. And there is therefore nothing in the record from which…