Settle v. Brewer

1. Where a cause upon the equity side of the superior court had been referred to an auditor, and upon the filing of’his report exceptions of fact to the same were filed by both the plaintiff and the defendant; and where certain of these exceptions were approved by the court and submitted to the jury, and a verdict was rendered on the issue submitted to them, and where afterwards a motion for a new trial was made, and an order was duly passed allowing the movant until the day of hearing to file and have approved a brief of the evidence, a brief of the evidence submitted when the motion was…