Kirkpatrick v. Roberts

I

SHEIVEE, J.

In this case we are confronted with two questions of procedure.

1. Appellants (defendants below) challenge the authority of the Chancellor to dispose of the ease by final decree at chambers on notice filed by complainants after an order of mistrial had been entered and the term of court ended.

2. Appellees (complainants below) have moved to affirm the trial court because defendants below failed to make a motion for a new trial after final decree for complainants, the cause having been tried before a jury resulting in a mistrial when the jurors could not agree, but the court…