Fischer v. Pope

BOULDIN, Justice.

The appeal is from a final decree in equity on settlement of the administration of an estate.

Both parties here suggest there was no note of testimony on submission pursuant to Chancery Rule 75. They differ as to whether, in the circumstances of this case, such omission should work a reversal or an affirmance of the decree.

The decree recites: “This cause coming on to be heard is submitted to the court for final decree by the consent of the parties in open court upon pleadings and proof heretofore noted by the Register.”

The record discloses a note of testimony made on a former…