Mellen v. Mellen

The conclusions at which I have arrived on this application for judgment are as follows, viz: First. The motion-to vacate the order denying the motion for a new trial made at the circuit and for a rehearing of that motion cannot be entertained. The authority to consider such a motion expired with the circuit at which the action was tried.

Second. A motion having been made at the circuit - on the judge’s minutes and denied and that court having adjourned sine die, the only way to review the verdict and the facts—as the case now stands—is by *100appeal from the order entered denying the motion..…