Brannon v. Price

1. A motion to dismiss a bill of exceptions complaining of error by the court in making an award its judgment can not be sustained upon the ground that the plaintiff in error has accepted the award (not the judgment) when the facts stated in the motion are not shown by the record nor verified by the oath of any person nor by any statement of counsel other than his signature to the motion as attorney for the movant, and where no rule nisi is prayed, and it not appearing that the parties have settled their controversy or that the judgment has been satisfied. Randolph v. Brunswick etc. R. Co.,…