Harvey v. State

The court did not err in dismissing a motion for a new trial, which by an order of the judge was set for hearing at a certain place and time in vacation, where on the day thus fixed for the hearing the. solicitor-general appeared and moved to dismiss the motion (this being his first opportunity), for the reason that no copy of the rule nisi issued thereon had ever been served upon him, and it appeared that there was no service or acknowledgment of service of either “the original motion and the rule nisi, or a copy thereof, and the said solicitor-general stated in his place upon the hearing of…