Horace Gray

“ An exception taken at the trial of a cause may be reduced to writing at the time, or 'may be entered on the minutes of the justice, and afterwards settled in such manner as may be provided by the rules of the court, and then stated in writing in a case or bill of exceptions, with so much of the evidence as may be material to the questions to be raised.' Section 803. The justice who tries the cause may, in his discretion, entertain a motion, entered on his minutes, to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages ”

“ Generes v. Bonnemer, 7 Wall. 564. The judgment setting aside the verdict for the plaintiff and ordering a new trial was therefore erroneous, whether it is to be treated as proceeding upon a distinct motion filed at the general term, or upon an appeal from the decision of the judge on the original motion filed before him.
As the error appears on the record, no bill of exceptions was necessary to secure the rights of the party aggrieved. Bennett v. Butterworth, 11 How. 669. ”

“ As the erroneous order directed further proceedings in the court below, he could not bring the case to this court until after such proceedings had been had and a final judgment rendered against him. Baker v. White, 92 U.S. 176 ”