Proctor v. Wilcox

Gaines, Associate Justice.

This was an original action for a new trial instituted in the court below by plaintiff in error against John W. Williamson, the testator of defendant in error. The petition, after setting forth the proceedings of the court in the first action, the evidence adduced upon that trial, the judgment in favor of the defendant Williamson, and the overruling of a motion for a new trial, alleged that ten days were allowed for making up a statement of facts, but that without any fault on part of plaintiff or her counsel, this was not signed by the judge and filed until the time…