Schlacks v. Johnson

The only error assigned to this decree is predicated on the form of the summons and the proof of service whereon it was entered.

The principal argument rests on the motion filed to quash the summons and the affidavit attached whereby it was supported. As we look at it neither the motion nor the affidavit are before us. This question has been entirely settled by the supreme court and it is not debatable. There is no bill of exceptions in the record nor was any exception saved to the judgment or to the order denying the motion, and without some evidence thus preserved we are not at liberty to…