Pigman v. Denney

It is claimed by appellants' counsel, and admitted by appellee, that the original notice was not served upon one of the defendants the length of time required by the second sub-division of § 2815 of the Rev. 1860; and that the judgment by default was therefore erroneous. We are referred, however, to § 3645, which provides that: “A judgment or order shall not be reversed for an error which can be corrected on motion in the inferior court, until such motion has been made there and overruled,” *397and counsel insist that until an effort is made to correct this erroneous judgment, by motion, in the…