Duvall v. Marshall

Opinion op the Court by

Judge Tilford

Affirming.

This action was instituted in equity and the testimony heard orally by the court. The clerk’s transcript, shows that an order was entered on the day of the trial,, March 18, 1938, reciting that by agreement of the parties, Mrs. Hazel Bennett was sworn to take stenographic notes in the case, and the judgment entered on the same day recites that the evidence was heard orally in open court and taken by the official stenographer.

Assuming, but not deciding, that this was a sufficient compliance with Subsection 2 of Section 552 of the Civil Code of…