Connolly v. Ashworth

Fitzgerald,

This case was tried by the court without a jury, and its decision given in writing and signed by the judge, but not filed with the clerk until after the term of office of the judge had expired.

Upon the back of the proposed decision and in the judge’s handwriting appears the following indorsement: —

“ To be left with the clerk and not filed till further notice or amendment heard by the court from def’t (meaning plaintiff).

“T. H. Eearden, Judge.”

The judge thereupon instructed the clerk to deliver the proposed decision so indorsed to plaintiff’s attorney for the purpose of proposing…