Cox v. Dunn

BROWN, Justice.

The bill is by the appellant seeking a declaratory decree against appellee Dunn as “director” of the State Department of Public Welfare, and against Heck as comptroller. The case was submitted on bill and answer, the complainant filing a “note of testimony” reciting that he submitted on the “original bill” and the defendants likewise made note that they submitted on “answer to bill”. The order of submission recites: “This cause coming on to be heard is submitted for final decree upon pleadings and proof as noted by the Register.”

The appellee insists that this submission…