Samuel Freeman Miller

“ A judgment of a court appealed from is never incorporated into a bill of exceptions. It is always a part of the record of the case, and, like the plea and the verdict, it needs no bill of exceptions, but is simply to be transcribed as a part of the record. In this case it presents for itself the point or matter on which the court acted. It is there distinctly stated that the case was dismissed because the appeal was not taken within 60 days from the date of the assessment of damages made by the commissioners. ”

“ If such finding be correct, and it remains as a valid judgment, it puts an end to the plaintiff's claim. It can nowhere be considered any further, and it is final upon the questions involved in the case. ”