Harrill Bros. v. Southern Railway Co.

This is a motion to set aside the agreed statement of facts and the judgment thereon wbicb was rendered by Judge Justice at a prior term. the motion was made before Judge Guion at Eebruary Term, 1907, of Rutherford Superior Court. the ground of the motion is tbat the attorney wbo consented to the case and agreed to the submission of it to the Judge for bis decision and judgment, which are set out in the former opinion of tbis Court at tbis term, misunderstood bis associate counsel as to the extent of bis authority, and tbat the ease should have been passed upon by the division counsel of the…