State Ex Rel. Croker v. Chillingworth

(Dissenting).—The entry appearing in the Circuit Court Minutes was not a judgment. It contained none of the elements of a judgment. In a very broad and loose sense the word judgment may include the order or rule entered in the minutes, it nevertheless did not dispose of the merits of the ease hut merely directed a step in the proceedings under the provisions of Section 4736 C. G. L., 1927. It was not a determination by the Court upon the issue presented by the pleadings, nor did it ascertain and absolutely fix finally the rights of the parties in relation to the subject-matter in litigation,…