Martin v. Simmons
Martin v. Simmons
Opinion of the Court
The record as transmitted to this court is so incomplete as to make it virtually impossible to ascertain what happened in the trial court. However, when considered in connection with the averments contained in the bill of exceptions, it appears that the clerk of the superior court asserted a claim to an award of a jury in favor of the condemnee in a condemnation proceeding on account of certain costs owed to him by the condemnee, that a judge of the superior court entered an order appointing the counsel for the clerk and the counsel for the condemnee as officers of the court to examine the dockets of the clerk in the clerk’s office to ascertain the correctness of the clerk’s claim, that, thereafter’ the attorneys reported to the court verifying the amount of the clerk’s claim, and a judgment was entered in favor of the clerk and against the condemnee for the amount thus found to be due. This judgment was dated February 17, 1959. Thereafter, counsel for the condemnee made a motion to set aside that judgment, which motion is not a part of the record transmitted to this court, and on May 1, 1959, a Judge of the
Writ of error dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.