Saunders v. Shoe Lace Co.

This is a petition for a writ of mandamus. The case was heard upon the pleadings and an auditor’s report. An order was made that the writ issue as prayed for. Thereafter the respondents filed a bill of exceptions, and the petitioner • moved to dismiss the bill on the ground that the notice given was defective and not in accordance with the governing statute.

The evidence on this point showed that a bill of exceptions of the respondents was prepared and sent by mail, postage prepaid, to the clerk of courts at Salem on February 13, 1935, accompanied by a letter requesting that the exceptions be…