Hood v. Culver

Simmons, Chief Justice.

This case was referred to an auditor who made a report to which exceptions were filed by both parties, and these exceptions were submitted to a jury. The only evidence introduced before the jury was the evidence contained in the report filed by the auditor, which was read to them by agreement of counsel. The jury found against the exceptions of the plaintiff', and he made a motion for a new trial, which concluded as follows: “Movant files herewith the report of the evidence in said ease submitted by the auditor with said report, as the brief of evidence, and he prays…