Kelly & Jones Co. v. Moore

1. A motion to dismiss the writ of error was. duly made. It was brought to the attention of this court, by the motion .and affidavits accompanying it, that the bill of exceptions was signed and the case brought here while it was still pending on a motion for a new trial in the court below. A motion was also madje that this couTt should require the clerk of the superior court to certify and transmit a copy of the motion and rule nisi and entries •of filing and service. We directed that the clerk transmit also all •orders and the motion. The errors complained of in the bill of ■exceptions were…