Arnett v. Gurley & Russell

Warner, Chief Justice.

When this case was called in its order upon the docket, the defendants in error made a motion to dismiss it, on the ground that the bill of exceptions had not been served on the opposite party, as required by the 1259th section of the Code.

1. It appears from an examination of the bill of exceptions, that there is no entry thereon of service, or acknowledgment of service. The plaintiff in error produced a paper, which was certified by the deputy sheriff of Decatur county to be a true copy of the original bill of exceptions filed in the clerk’s office of said county, and…