Ridley v. Seaboard & Roanoke Railroad

ClarK, J.:

The case oil appeal and counter-case were served in time and the trial judge was promptly requested to settle the case. At the call of the docket at last term, being the first term of this Court which was begun after the trial below, the appellant docketed the record proper and asked for a certiorari to bring up the case on appeal. Counsel consented however that the cause might be continued to this term and that the “case on appeal” might be settled by the Judge at Nash Court, which was to be held by the Judge [Graves) who had tried the cause. His Honor died before he could do so.…