King v. Miller

Sec. 1 of ch. 106 of the acts of 1875, entitled “An Act to provide for bills of exceptions, and to regulate the practice when new trials are granted or refused,” was intended to give to the party excepting the benefit of the former trial, and of insisting upon an affirmance of that judgment, to the setting aside *383of which exceptions had been taken without regard to the merits of the case as developed on a subsequent trial. It seems to contemplate the revision by this court of each trial of a cause in the inferior court, however numerous, and from them the selection of such judgment as, in the…