BOBBITT, Justice.
The record indicates neither appellants nor their counsel had notice of the proceedings before Judge Phillips at October 22, 1962, Term. Too, the record indicates Judge Phillips was not then advertent to the fact that appellants had filed and served on October 19, 1962, their petition for an order exonerating them from liability as sureties on the $5,000.00 bond and a notice of a hearing to be held thereon at November 5, 1962, Term.
The brief...
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