Walker v. Partin

This case came to this Court on appeal. Appellee moved to affirm because the case was heard'by the Chancellor on oral evidence and no bill of exceptions was ever filed. In an effort to obviate the effect of this motion the record has now been presented for writ of error.

Code, Section 10622, expressly provides that in cases “taken by appeal or otherwise to the court of appeals” the hearing on appeal shall be de novo and that the transcript in cases tried “upon oral testimony must contain a . . . bill of exceptions.” This Section applies to chancery cases and operates to deprive appellant of a…