Bizzell v. Bizzell

Plaintiff’s assignment of error No. 32 is based upon his exceptions 33 through 40, both inclusive. Each of these exceptions relate to the admission of evidence by the court at the May Term 1957 in respect to defendant’s tender of monies and deeds to plaintiff to show full performance on his part of the agreement of 1 May 1954, copied in full above Plaintiff contends that she appealed to the Supreme Court from the judgment rendered at the March Term 1957, and while such appeal was pending in the Supreme Court, the Superior Court of Wayne County was functus officio, and could hear no evidence,…