Biles, Edwards & Co. v. Beadle

The defendants have filed a motion to dismiss the writ of error on the ground that they have not ■been served with notice of the suing out of the writ as is required by section 715, Eevised Statutes 1899. It appears that the defendants, on the twentieth day of July, 1901, were served with a notice given them by the plaintiffs which was to the effect that, “we will on the twelfth day of August [no year stated] apply to the Kansas City Court of Appeals for a writ of error” in the above entitled cause, etc. It further appears that on the fifteenth day of August, 1901, a writ of error was issued…