WILLIAMS, J.
The parties are designated herein as in the trial court.
This case was tried to the court below, upon an agreed and stipulated statement of the facts, a jury having first been duly drawn, empaneled and sworn to try the cause, and then, all the evidence having been agreed and stipulated to, jury trial waived by the parties and the jury by the court discharged. Judgment was rendered April 3, 1952. No notice of intentions to appeal was given in open...
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