State Ex Rel. Drake v. Connelly

Shepi-ierd, J.:

The appellant served his case on appeal, and the appellee his counter-case, both in proper time. The Judge took the papers to settle the case, but died before it was done. The appellant moves in this Court for a new trial on the ground that the case has not been settled. The appellee asks to withdraw his ease and leave the appellant’s .statement to stand as the case on appeal. We think the appellee’s motion should be allowed. We do not see how the appellant can object to the statement made out by himself.

It is very evident, from an inspection of the record, that the defendant’s…