Montgomery v. Jones

After exceptions taken to the opinion of the Court in granting a new trial, the record proceeds’ “and this cause is dismissed.” Then follows a judgment for costs in favor of the defendant, and the record continues, “the defendants pray an appeal to the Supreme Court.” If we suppose the word “ defendants” to be a clerical error, *527it will not help the case. Though the point is not urged by counsel, yet such final action in the Court below, apparent on the face of the record, must be judicially noticed. We must presume that the dismissal of the suit was either by express or implied consent of the…