Barwick v. Wind

Candler, Justice.

(After stating the foregoing facts.) The motion to dismiss the writ of error on the ground that service of the bill of exceptions was not made on the defendant in error after it was signed and certified by the judge, being without merit, is denied. It affirmatively appears from the record that the attorney for the defendant in error acknowledged “due and legal service” of the bill of exceptions on the same day that the judge signed the certificate, and in such circumstances it will be presumed that the signatures were made in their chronological sequence. Cowart v. Page, 59…