Scott v. Coal & Coke Railway Co.

POEBBNBARGER, JUDGE:

The interpretation of section 17 of chapter 135 of the Code, as amended by chapter 39 of the Acts of 1909, arises on a motion to dismiss this writ of error, on the ground of failure to perfect it within the statutory period. Pinal judgment was rendered November 25, 1909; the petition for the writ of error was presented November 25, 1910; the writ of error was allowed and the summons issued November 25, 1910; an alias .summons, issued May 2, 1911, was served May 5, 1911; and the bond *778was given before the clerk of the circuit court on the day of the service.

The presentation…