Plummer v. Moore

Bleckley, Justice.

A motion was made to dismiss the writ of error for want of due evidence of service.

On the bill of exceptions is an affidavit by counsel for the plaintiff in error, dated March 7th, 1879; deposing to service upon the counsel for defendant in error, on February 24th, 1879. The bill of exceptions was signed and certified by the judge on the 15th, and filed below in the-clerk’s office on the 27th of February, 1879. It thus appears that the affidavit was not made within' the ten days allowed by law for serving the bill of exceptions, nor even within the fifteen days allowed for…