City of Springfield v. Springfield Street Railway Co.

The plaintiff appeals from an interlocutory decree sustaining a demurrer to its bill of complaint and from a final decree dismissing the bill. The final decree contains the phrase, “all parties interested ■ — consenting hereto — in open court.” The parties at the arguments before us agreed that the inclusion of this phrase was in error, and the defendant, with the plaintiff’s assent, has since filed a motion in this court to expunge nunc pro tune. The subject matter of the motion was not brought to the attention of the judge by whose order the final decree was entered. Indeed, it was too late…