MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The facts in this case, as they are presented to us by the pleadings and proof, are as follows: —
In the suit of Gunn v. Woolfolks, a verdict was rendered in due form by a jury, but, through the omission of the clerk, it was not spread upon the minutes of the court. Notwithstanding this, however, a judgment was regularly entered. That is expressly stated in the bill, and shown...
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