Askew v. Powell

The motion to dismiss the writ of error, on the ground that “the plaintiff in error has sued out one bill of exceptions to the overruling of a motion for new trial, and attempts by one motion for new trial and one bill of exceptions to this court to review the final judgment in two separate and distinct cases, upon which two separate and distinct verdicts were rendered, and upon which two separate and distinct judgments were entered in the court below,” must prevail, even though an order (nunc pro tunc) was taken that “the two said cases be consolidated and tried together and stand as one…