GARDNER, P. J.
No motion is made to dismiss the writ of error. However, in matters affecting the jurisdiction of this court to entertain a writ of error, we must act ex mero motu. Service of the bill of exceptions on the defendant in error or its counsel, or proper acknowledgment thereof by such party or its counsel or the due and legal waiver thereof, as provided by Code § 6-911, is absolutely essential to confer jurisdiction on this court to entertain the writ...
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