Jefferson v. Watson

Response by

Judge Lewis :

On the errors assigned in this case is that the lower court improperly overruled the motion to dismiss the petition which was made upon the ground that the plaintiff before commencing the action to make the demand accompanied by the verification and proof required by law in actions against personal representatives.

In the opinion heretofore rendered it was inadvertently and erroneously held that as the alleged error was not made one of the grounds for a new trial it could not be considered on this appeal.

The correct rule is that error committed during the progress of…