Hercules Coal & Mining Co. v. Frazer

This suit was originally begun before a justice of the peace and from there appealed to the Circuit Court. It is now before us on appeal from a judgment there rendered in favor of the appellee, as receiver of the Spaulding Fuel Company.

The case was tried before the court without a jury. The evidence consisted principally of facts embodied in an agreed stipulation, although some oral evidence was heard by the court to which no exception was preserved.

The following is the stipulation of facts entered into'and signed by counsel for plaintiff and defendant, that was read in evidence :

“ 1. That…