Walker v. . Scott

Clabjc, J.:

The appellant asks to withdraw the case and recommit it to the Judge to “settle the case'’ over again. Appellant’s counsel files an affidavit that the case as settled by the Judge is “erroneous in various particulars, to defendant’s hurt, without giving him any notice of time and place of settling the case on appeal,” and that the Judge has by letter expressed his willingness to give the appellant such notice now, if the Court will permit the case to be withdrawn for that purpose. The letter of the Judge referred to, states that the appellant’s counsel forwarded him the papers to “…