Burnell v. Wachtel

Iu this case we are asked to say that the court erred in *557rendering final judgment against the appellants. The cause was tried by the court without the intervention of a jury. No exception to the judgment is preserved in the record. It is true,that in the order allowing the appeal it is stated that an exception was taken, but the entry of that statement was the unauthorized act of the clerk, and constitutes no part of the record. Exceptions to the rulings and decisions of the court can be brought into the record only by bill of exceptions, allowed, signed and sealed by the judge. Where a…