Pendergrass v. Duke

From the present record, and from the records of this court, it appears that one judge presided the first week of a term of court. Before him the present case was tried, and by consent the jury returned into court their verdict on Monday morning of the second week, at which time a different judge was presiding. A motion for a new trial was ' presented to the second judge, who declined to sign a rule nisi thereon, on the ground that this should be done by the judge who tried the case. A rule nisi was then obtained from the first judge, and- the motion again presented to the second judge, with…