Moss v. Anderson

. Pottle, J.

S. A. Anderson brought suit on a promissory note against H. B. Moss and T. J. Moss as executors of the will of A. Y. Moss. Verdict and judgment were rendered in the plaintiff’s favor. During the term T. J. Moss filed a motion to set aside the verdict and judgment against him, upon the ground that a consent agreement had been entered into by the attorneys for both parties, under the terms of which the case should not have been called for trial at the term at which the verdict was rendered, and at which time the attorney for the executors was absent. The trial judge overruled the…