Sedgwick v. Dawkins

The Chief Justice

delivered the opinion of the court.

This is a second appeal in this case, and the record appears to be identical with that which was before the court at the last term, when the appeal was dismissed because there was 'no final judgment. The last order of the court was in these words: "Motion granted. Plaintiff excepts and gives notice in open court of intention to appeal,” signed by the Judge January 21, 1879. This was indorsed upon the paper called a motion in arrest of judgment. There is yet no final judgment under this order. The appellant considers this order a final…