Elvins v. Morrow

Two decrees were rendered: one June 20, 1941; the other August 29, 1941. The first was set aside August 15, 1941, when the cause was reopened and continued for hearing at the regular August term.

-A recital in the decree of June 20 is that the cause was heard upon the plaintiff’s petition, the answer of defendants, and the evidence offered in support of the conflicting contentions.

The decree of August 29, after enumerating the pleading, recites a hearing upon testimony of Sam Morrow, W. M. Elvins, Mrs. O. H. Weddle, and Bernal Seáinstef.

The motion before us is to strike the matter presented as…