Throgmorton v. Trammell

Code § 70-306 provides as follows: “In all applications for a new trial the opposite party shall be served with a copy of the rule nisi, unless such copy is waived.” As appears from the statement of facts, an acknowledgment of service, reciting merely "Due and legal service of the within motion and order acknowledged; copy received”, signed by counsel for the plaintiff and dated October 16, 1952, was had of the motion for new trial and rule nisi, which, however, were not filed until October 18, *4681952. There was no further attempt to serve the plaintiff or obtain an acknowledgment of…