Stovall v. Mendenhall

Duckworth, Justice.

Counsel for the plaintiff in his reply brief states: “As we stated in our original brief, in person before this honorable court, and now, the all-important question in this case and the controlling question as we see it is the failure of the auditor to comply with the trial court’s order recommitting the case with instructions as to the method of a rehearing.” A ruling on the question made by the assignment of error in the exceptions pendente lite requires a construction of the order of re-committal dated March 13, 1941. The plaintiff contends that the language of this…