Ivey v. McWilliams

A motion was made by the defendant in error to dismiss the writ of error, on the ground that there was no proper service of the bill of exceptions or waiver thereof. The only entry made by counsel for plaintiff in error, immediately after the certificate of the judge, is: “I hereby certify that I have this day served G-. D. McWilliams, defendant in error, with a copy of the foregoing bill of exceptions. This October 31, 1933.” This entry is not verified by any affidavit. Under the statute, only a party served according to. law is a defendant in error in the Supreme Court. The service in this…