FELTON, Chief Judge.
The evidence adduced on the trial of this case was not taken down by a court reporter. Counsel for the plaintiff-appellee and the defendant-appellant were unable to agree upon a brief of the evidence. Appellant's counsel never requested a hearing for the purpose of "settling the brief of evidence." In the appellant's notice of appeal from the order overruling his motion to vacate and set aside a judgment rendered against him "after consideration...
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