Holt

This is an action for divorce upon the ground of extreme cruelty. The answer denies, among other things, that the parties to the action ever intermarried, or that they ever were or are husband and wife.

The cause came on regularly for trial on November 11, 1891, and a jury was impaneled to try the same. Witnesses were examined on both sides, and, after argument by counsel, the case was submitted to the jury on November 12th upon the following special issues: “ 1. Were the parties to this action married to each other? 2. If you say that the parties were married, has the defendant treated the plaintiff with extreme cruelty ?”

The jury rendered the following verdict: “ Were the parties to this action married to each other? A. No.” “ Thereupon, on the said 12th day of November, 1891, in open court, the court orally gave and pronounced judgment in favor of the said defendant, that this action be dismissed.”

This order was entered by the clerk in the rough minutes of the court’s proceedings on November 12th, but was not transcribed by him into the engrossed minute-book of that day. No written findings wrnre *260 filed, and no judgment was entered in pursuance of this order. In…