Johnson v. Strader

We have felt much difficulty in disposing of this cause, growing out of the state of the record and pleadings. When it was last argued, we inclined to think that a *255new trial improperly granted, could not be assigned for error, and that the plaintiff hadUosthis remedy by omitting to take the proper exceptions on the second trial in the Circuit Court. Further examination and more mature deliberation lead us now to a different conclusion. In exercising^the superintending control and appellate power given to this Court, we have uniformly encouraged the use of the writ of error, as the most…