Chambers v. Rowe

This was a bill in chancery for .the specific performance of a contract for the sale of land, and was heard by the court on the bill, answer and depositions, no replication having been filed. The court decreed in favor of the complainant. The defendant brings the case here by writ of error, and assigns for error, 1, the decree; 2, not setting the cause down for hearing on the bill and answer; and 3, in setting it down for hearing upon the bill, answer, exhibits and depositions, and in receiving oral testimony on the hearing.

As to the last errors assigned, they will be considered together.…