Robert Cooper Grier

“ For an authority that there was a discontinuance of this cause, and that the District Court could not again assume any jurisdiction over it, except the case had been remanded from the Supreme Court, I refer the court to Graham's Practice, 493, to 8 Petersdorff, 387, and the cases there referred to. In the first case, where a venire was returnable on the first day of the term, and the distringas was dated the day after, the court held it to be a discontinuance, because every process must be tested on the day it is awarded. ”

“ The court erred, in rendering a judgment at the October term, 1842, the second judgment in this record, after a writ of error had been sued out and served, and made a supersedeas by the allowance of a judge of the Supreme Court, which was then pending.
9th. The Supreme Court erred, in expunging from the record the defendant's bill of exceptions, tendered at the trial of the cause before the District Court of Scott county. ”

“ This day came the said plaintiff, by his attorney, and it appearing to the court, that, at a previous term of this court, to wit, the October term, 1841, the issue previously joined in this cause was submitted to a jury, who, after hearing the evidence and arguments of counsel, returned into court the following verdict, to wit: they find the issue for the plaintiff, and assess his damages at the sum of eighteen hundred and thirty-seven dollars and fifty cents. ”

“ A motion for a new trial was made by the counsel for the defendants upon several grounds, which it is not necessary to specify.
In April, 1842, the court commenced in Scott county on the 4th, and in Clinton county, in the same district, on the 11th. But on the 12th of April, whilst the court was in session in Clinton county, the following entries were made in Scott county:--
JOHN WILSON v. JOHN C. SHEPPARD et al.-Assumpsit. ”

“ The statute simply requires that they should be reduced to writing during the progress of the trial. The other provisions of the statute are not material to this cause. This was done in our case. See the transcript, page 24. ”