Tucker v. Hundley

Upon the authorities set forth in his opinion I concur with Judge Matherne. However, I think it should be emphasized that we are denying appellant the right of review without a hearing upon the merits which was. the purpose of her petition for the writ of error.

As I pointed out in my concurring opinion in Mayor and Aldermen of Town of Camden v. Aetna Casualty and Surety Company, et al. (unreported), Section 1345 of Gibson’s Suits In Chancery (Fifth Edition) it is reiterated that the writ of error may be obtained within two (2) years after the entry of the final decree in the trial court. In…