Herrin v. Bennett

Head, Justice.

(After stating the foregoing facts.) The first special ground of the motion for new trial complains of the charge: “No survey shall be received in evidence unless it appears that at least ten days’ notice of the time of commencing such survey was given to the opposite party by the one who offers it in evidence. Either party to an action may have a survey made without an order of the court upon giving the notice required. That refers to the plats in this case. These plats are admitted in evidence for such consideration as you may see fit to give them, and do not carry the…