State v. Wealaka M. & M. Co.

— This case was tried to a jury in the circuit court of Wayne county. At tbe conclusion of all of the evidence adduced on behalf of both plaintiff and defendants, the court peremptorily instructed the jury to return a verdict for the defendants in accordance with such instruction and such verdict appears in the bill of exceptions before us. ' K

Upon an examination of the record, we find no judgment entered by the court on said verdict. Section 806, R. S. 1899, provided that: “Any party . . . aggrieved by any judgment of any circuit court in any civil cause from which an appeal is not…