Hatcher v. Smith & Gordon

Bleckley, Chief Justice.

The motion to dismiss the writ of error on the ground that the bill of exceptions is not duly certified must prevail. The question, in this case, is governed by the code, not by the act of 1889. The bill of exceptions states that “ The recitals of facts contained in said motion for new trial are true and correct.” The certificate of the judge affirms, in effect, that some óf them are not true, and says expressly that “ the court does not approve of the 11th and 14th grounds of the motion for new trial ” in certain specified particulars. The writ of error is a unit, and…