Southern Railway Co. v. Barfield

1. Though an acknowledgment of service entered on a bill of exceptions be not dated, yet if it otherwise affirmatively appear from official entries thereon that it was actually served within the time prescribed by law, the writ of error will not be dismissed on the ground that the fact of service-does not duly appear.

2. "When the defendant to a case goes to trial on the petition and answer, and does not, by demurrer or appropriate motion in the nature thereof, challenge •the legal sufficiency of the petition, it is not improper to try the case accordingly. Applying this well-settled rule to…