Edmundson v. Edmundson

I am unable to agree that the judgment below should be affirmed on this record.

In the beginning of the judgment appealed from it is recited that “This cause came on' for hearing before the undersigned Special Judge presiding at May 1942 Civil Term of the Superior Court of Harnett County.” But later in the same paragraph it is stated that “It was agreed by counsel representing plaintiff and defendant that the hearing upon the citation in this cause should be heard upon affidavits and briefs, out of term time, out of the County and out of the District by the undersigned Special Judge of the…