Wallace v. Speed

The plaintiff in error’s contention that only the judge who tried the case could approve the brief of evidence is without merit. It was not necessary for the judge who tried the case to approve the brief of evidence where he had vacated the office and his successor had been appointed and had taken office. Code § 70-103 provides that a judge who did not try the case may decide a motion for a new trial. Code § 24-3347 provides: “If, pending the motion, the presiding judge shall die, or a vacancy otherwise occur, then his successor shall hear and determine the motion from the best evidence at…