Mitchell v. Tomlin

Jackson Justice.

A motion was made to dismiss this case on the ground that it was still pending in the court below, on a motion for a new trial, which had not been disposed of, the case before us being exceptions to the rulings of the court on the trial before the jury. Of course until the case is finally disposed of in the court below, it cannot be brought to this court, and the only question is, does the record show that it is still pending.

The following order and judgment appear in the transcript :

“ R. S. Tomlin 1 vs. John D. Mitchell. } Verdict and judgment for plaintiff.

“ The defendant…