Central Railroad & Banking Co. v. Keller & Brother

After verdict for plaintiffs on May 9, defendant during the same term filed a motion for new trial. The grounds of the motion were approved, and an order passed allowing the motion to be heard and determined in vacation. On June 6, defendant presented a brief of the testimony to the judge for his revision and approval. Entered upon said brief was an agreement of counsel; counsel for plaintiff agreeing, “subject to make such corrections as are just and correct, in the hearing of the motion for new trial.” The judge approved the brief “ subject to correction at hearing,” and ordered it filed.…