Great Southern Fraternal Union v. Stroud

Hart, J.,

(after stating the facts.) Counsel for the defendant insist that the judgment should be reversed because the court erred in refusing to sustain its motion to set aside the judgment and to quash the service of summons upon it. This motion was made at the same term of the court at which the judgment was rendered, and, to sustain the assignment of error in this respect, counsel for the defendant rely upon an agreed statement of facts, which appears in the transcript.

The mere filing of the agreed statement of facts does not make it part of the record. There is no bill of exceptions in…