Spratt Chair Co. v. Ætna Insurance

The bill of exceptions was certified on July 7, 1922. The only evidence of service thereof was as follows: “ Service of the within bill of exceptions acknowledged; copy and all other and further notice and service waived. This July 20, 1922. Right to object to service as too late hereby reserved.” This was signed by attorneys for defendant in error; it being the usual printed form found on the cover used for bills of exceptions, with stricken and added words. The Civil Code (1910), § 6164(a), provides that such acknowledgment shall be held to be a complete waiver of all defects in the service…