Shelton v. . Shelton

The facts disclosed in the affidavit of the plaintiff’s counsel, to which no opposing evidence is offered, are, that 'separate statements of the case on appeal, prepared for the respective parties, were delivered to the judge who tried the cause, for his adjustment of the differences between them. He transmitted to the clerk a statement of his own, omitting one or more of appellant’s exceptions to the rulings which were intended to be brought up for review, without giving notice to the parties or affording them an opportunity of being heard before his final action. The retirement of the judge…