'This is one of those cases in which it does not appear that any statement was intended to have been made by the Judge. We must, therefore, look into the record, and .seeing there that no declaration has been filed,, it is impossible for us to affirm the judgment. It is an error which we cannot overlook, or amend in this Court, without consent, and the Appellant having waived no advantage which the law gives him, we must, for this cause, reverse the judgment.