Bray v. Langley

The bill of exceptions in this case was certified on October 17, 1929, and was filed in the clerk’s office on November 4, 1929. The only evidence of the service of the bill of exceptions upon the defendant in error is the mere unsworn statement on the bill of exceptions, signed by counsel for the plaintiffs in error, that he had served a copy of the bill of exceptions upon counsel for the defendant in error. There is no waiver of such service. The defendant in error moves to dismiss the writ of error, because of lack of sufficient service, and because this court is without jurisdiction to…