Burgess v. Crumpton

1 Upon (the call of this case for hearing in this Court, it was made to appear to the Court that'after the appeal had been taken and perfected and the record printed for the hearing of the appeal, and while the appeal was pending in this Court, but before it was heard, the defendant, who- was appellant, made a motion- in the Circuit Court to vacate the judgment appealed from and grant a new trial on the ground of after-discovered evidence; that his motion was granted, and that the new trial was had, and resulted in a judgment for the defendant, from which no appeal has been taken. It…