Russell v. Colyar

Sneed, J.,

delivered a dissenting opinion.

This is an application to vacate a judgment of this Court rendered at the last term in a case brought into this Court by an appeal in error from a judgment of the Circuit Court' of Warren county upon an agreed case. The application is founded *184upon the provisions of the Code which authorizes a correction of errors apparent in the record in judgments or decrees already rendered in this' Court, and the vacating of judgments in certain cases. The first provision is by section 2877, and is in the words following: “ The Circuit, Chancery and Supreme Court…