Collins v. Kay

Acker, Judge.

The court below overruled appellant’s mo*366tion for new trial on the last day of the term, and made an order granting leave to file the statement of facts within ten days after adjournment. The judge left for his home in an adjoining county immediately after adjournment, having agreed with counsel for appellant that he would return on the seventh day thereafter and examine and act on the statement of facts. On the night of the seventh day after the adjournment, the judge returned to the place of the trial, and counsel having failed to agree upon a statement of facts, they delivered…