Bither v. Baker Rock Crushing Co.

(Pro Tempore).

This equity case was tried before circuit judge Avery Combs of the Nineteenth Judicial District shortly before his death on October 12, 1966. He had prepared an “opinion” in the case which was filed on September 27, 1966. After Judge Combs’s death, Judge Hammond succeeded to his duties in this case. Judge Hammond, in a memorandum, concluded that the opinion of Judge Combs was definite and constituted a satisfactory basis, as findings and conclusions, for a decree consistent therewith, and he signed and filed the same on March 13, 1967. Specifically, Judge Hammond found that the…