Conway v. Chinn

Porter, J,,

delivered the opinion, of the court. That part of the application for a re-hearing, and that only, which relates to a supposed error of the court, in considering there was no statement of facts, requires to be particularly noticed.

In the opinion delivered with the judgment of this court, we stated there was no statement of facts. The certificate of the judge being made out months after the trial and decree, was regarded by us as a nullity.

The law allowed the judge to certify at any time, if the. cause was tried on written documents. It prohibited him from doing so, if parol…