State Ex Rel. Terry v. Yarrell

Mr. Chief Justice. Green,

delivered the opinion of the Court.

This matter is before us upon the application of petitioner for mandamus to require the trial judge to sign a hill of exceptions tendered to him, or, in the alternative, to require the trial judge to grant a new trial to petitioner, who was cast in the suit below.

It appears from the petition that this was a will contest — petitioner contesting the will of a deceased brother. There was a judgment in the trial court sustaining the will. Petitioner made a motion for a new trial which was overruled and he was granted an appeal in error…