Owen v. Groves

1. The “striking of the traverse to an entry of service” of a summons or writ can not properly he made a ground of a motion for a new trial; but direct exception should be taken to such a ruling, either in the main bill of exceptions or in a pendente-lite bill of exceptions, upon which error could be assigned in the main bill of exceptions.

2. The caveat to the probate of the will in this case contained, among *288others, a ground setting up the contention that the testatrix was wanting in testamentary capacity; and counsel for caveators offered to prove that a brother of the testatrix “became…