Garrett v. Nicholson

Mobley, Justice.

The defendant in error filed a motion to dismiss the bill of exceptions on the ground that it had not been served upon him as required by law. The record discloses that, at the time the bill of exceptions was filed in the Supreme Court on December 21, 1959, no proof of service appeared on the bill of exceptions or attached thereto. On January 5, 1960, there was filed in this court an acknowledgment of service of the bill of exceptions and waiver of all further service, signed by the defendant in error’s counsel on December 24, 1959, which contained this reservation, “Defendant…