Summerford v. Kinard

In the main bill of exceptions error is assigned upon the judgment overruling a motion for a new trial; an'd by a cross-bill error is assigned upon the refusal of the trial court to dismiss the motion for a new trial, for want of service.

1. We will first consider the cross-bill of exceptions.' It appears from the record that at the hearing of a motion for a new trial, which had been filed by Summerford, Mrs. Kinard, the re*254spondent, moved to dismiss the motion “for want of sufficient service on her, there being no official entry of service of a copy of said motion on her, or of the rule nisi…