Perry v. Smith

1. There is no merit in the motion to dismiss the bill of exceptions for failure to perfect service. On the same day that the bill of exceptions was certified, the attorney of record for the defendants in error signed an acknowledgment of service as follows: “Due and legal service of the within bill of exceptions acknowledge copy received, all other and further service and notice waived; the undersigned Ray Merritt, counsel of record for the defendant in error in said case hereby waives, notice of presentation of the bill of exceptions, and the privilege and opportunity to be heard on the…