West v. State Ex Rel. Matthews

FOSTER, Justice.

A bill in equity was filed May 14, 1936. A demurrer to it was filed June 9, 1936. A decree dated and filed June 12, 1936, recited that “this cause coming on to be heard and the same being submitted on demurrer to the bill of complaint which being considered by the court,” etc., proceeds to overrule it, reciting that it is done in Anniston. The bill was filed in that county. The record does not show when the equity docket was set down for hearing, nor that respondents’ counsel were not present consenting to the submission.

The circuit court, in equity, is always open for the…