State v. Dew

BaeNHILl, O.

J. Tbe records in this and companion cases now pending in this Court are in a state of confusion. We may only surmise what happened in tbe court below. Tbe clerk first certified tbe record proper and assignments of error, and tbe appeal was docketed here. Appellant thereafter filéd with tbe Clerk of this Court what purports to be an agreed case on appeal. It likewise filed here its “Assignment of Error No. 7.”

There is nothing in tbe record to indicate that tbe surety offered any evidence, either oral or documentary, in support of its motion to vacate tbe judgment absolute to tbe…