In Re Wallace

The facts were agreed to by the parties, and the clerk rendered judgment in favor of J. W. McDonald, respondent. The petitioner excepted, assigned error and appealed to the Superior Court. The facts will not be set forth, as the material ones are in the judgment of the court below.

On appeal to the Superior Court the following judgment was rendered: "This cause coming on to be heard upon appeal from an order of the clerk of the Superior Court upon the agreed statement of facts appearing of record, and being heard before his Honor, Frank S. Hill, judge holding the September, 1937, Special Term…