
    Augustus P. Tucker v. Hiram A. Tucker and others.
    
      Appeal In, chancery: Witnesses examined in open court: Settlement of case: designation of circuit judge. Where, in a chancery cause, the witnesses were exam^ ined in open court, and within the time allowed lor settling a case to bring up the-testimony on appeal, the circuit judge before whom the cause was tried, has resigned without settling such case, this court, on appeal, on an application of the appellant showing these facts, will reverse the decree below, without costs, and remand the cause for a re trial in the court below. — See Scribner v. Gay, 5 Mich., 511; Hewlet v. Shaw, 9 Mich., 346.
    
    
      Heard and decided April 8
    
    Appeal in Chancery from Branch Circuit.
    Motion was made on behalf of the appellant, for. a rever» sal of the decree. The showing was, that the testimony on the hearing below, was taken in open court, and that the circuit judge before whom the cause was tried, bad resigned within the time allowed for settling a case to bring up on appeal the-testimony, without settling such case, and that the appeal had been taken without the testimony.
    
      Ward & Palmer, for the motion.
    
      P. G. Fuller, contra.
    
   This' Court

granted the motion, and remanded the cause for re-trial. — See Scribner v. Gay, 5 Mich., 511; Hewlet v. Shaw, 9 Mich., 346.  