Sweatman v. Wall

1. Where a case came on for trial and the judge announced orally from the bench that a motion to dismiss it was sustained, but no order of dismissal, though one had been prepared by defendant’s counsel, was signed or entered on the minutes, and at the next term an order was passed reciting these facts and directing that the original order of dismissal be signed and entered nunc pro tunc, which was done : Held, that whether the plaintiffs were or were not bound to except to the action taken at the preceding term within due time thereafter, they can not maintain a bill of exceptions sued out…