Brewer v. Settle

1. By agreement of counsel an order was signed, that the presiding judge hear and determine the legal questions involved in this illegality case in vacation, with the right to file exceptions to his decision; and that all questions of fact, if any, should be referred to a jury. At the hearing in vacation the judge allowed counsel for the plaintiff in the execution to amend it by substituting the name of the present judge of the superior court of that judicial circuit for that of a former judge of that court whose name bore test on the execution as the judge then in office. Exception was taken…