Nathan Clifford

“ Wherever error is apparent on the record, it is open to revision, whether it be made to appear by bill of exceptions or otherwise. In the present case the judgment is passed upon the allegations of the petition and exhibits, as though a formal demurrer had been filed by the defendant, and the action of the court, in either sustaining or overruling a demurrer, may be examined by writ of error, without a bill of exception. ”

“ Common law suits as well as suits in equity are commenced in that court by petition, and the judgment in this case is in a form not unusual in that court. It is called a judgment in the record and treated as such by the court and the parties, and in our opinion the writ of error ought not to be dismissed for either of the reasons assigned in the motion. ”

“ Two principal causes are assigned in support of the motion to dismiss the writ of error:
1. That the record contains no bill of exceptions nor any agreed statement of facts or any special verdict, demurrer to a material pleading, or demurrer to evidence.
2. That the supposed judgment exhibited in the record is not a final judgment. ”