Copus v. Chorn

FUNDERBURK, Justice.

This case was tried in the court below and judgment entered September 7, 1939. Plaintiffs in error, by their attorney of record, actually participated in said trial. Petition for writ of error and bond were *960filed December 30, 1939. Citations in error were issued February 7, 1940, and served on February 20 and 21, 1940. Thus, it appears that writ of error was not perfected until after January 1, 1940.

We heretofore overruled a motion of defendants-in-error to dismiss the writ of error. A second such motion has been filed, based upon the same grounds and citing as authority…