Carter Coal Co. v. Bays

Opinion op the Court by

Judge Quin

Reversing.

The .record in this case is unique. Appellee (plaintiff below) recovered judgment in the sum of $700.00 for injuries caused through the alleged defective ventilation of appellant’s mine. The record, certified by the clerk, shows the filing of the pleadings and orders usual in such cases. Some time after the case had been submitted in this court, and briefs filed, appellee filed a motion to set aside the submission and to correct the record by striking therefrom what purported to be the order filing a demurrer and the submission thereon; the order…