Metcalfe v. Chambers & Weaver Co.

It appears from affidavits filed in this Court in support of appellant’s motion that the case on appeal has not been agreed upon or settled; that there has been no laches on the part of appellant, but that on the contrary appellant has been diligent in his efforts to get the case on appeal settled in accordance with the statute and with the rules of, this Court. The illness and untimely death of the judge has rendered it impossible for appellant to get the case on appeal settled. Having docketed the case in this Court, he now moves for a new trial.

Appellee filed an affidavit in this Court, in…