Kelly v. Adams

The plaintiff moves to dismiss the bill of exceptions because the defendant failed to comply with the rule of practice and procedure, now embodied in Publisher’s Pocket Supp. to the Code, § 24-3364 (Rule 64), which provides that: “Before presenting a brief of the testimony to the court for approval, the attorney whose duty it is to prepare it shall give written notice to the opposite party or his attorney of record of his intention to present the brief of the testimony to the trial court for approval at a certain time and place. No such brief of the testimony shall be approved by the trial…