Owens v. Owens

Duckworth, Chief Justice.

1. The parties in the lower court having been unable to agree upon the evidence, the lower court unconditionally approved the brief of evidence presented to him, and the bill of exceptions will not be dismissed because the court stated that it was unconditionally approved on the earnest representations of counsel that it was correct and the court could not remember. The latter portion of the judge’s approval will be treated as surplusage since the approval is not a qualified one, but this court frowns upon the court adding such language since in all cases he must…