Throgmorton v. Trammell

On the former appearance of this case in this court, there were two questions presented. The majority opinion held that the trial court erred in not dismissing the motion for a new trial because of improper service on the defendant of the motion for a new trial. There was one other question raised in the bill of exceptions to the effect that the court after refusing to dismiss the bill of exceptions erred in granting a new trial. Application was made by the defendant to the Supreme Court for the writ of certiorari. The application for the writ of certiorari was based on one ground, the first…