Winchester v. Winn and Winn Const. Co.

This is a suit for damages for breach of contract. There was a verdict and judgment in the court below in favor of the plaintiffs (hereinafter called “plaintiffs”) in the sum of $879.17. Defendants (hereinafter called “defendants”) brought the case here by appeal but thereafter dismissed the same, and on April 29, 1929, sued out a writ of error, returnable the first Monday in October, 1929.

Under the provisions of Section 1502, Revised Statutes 1919, it was tbe duty of the defendants to canse notice, in writing, of the suing out of the writ of error, to be served upon plaintiffs or their…