GARDNER, P. J.
1. On the former appearance of this case in this court, there were two questions presented. The majority opinion held that the trial court erred in not dismissing the motion for a new trial because of improper service on the defendant of the motion for a new trial. There was one other question raised in the bill of exceptions to the effect that the court after refusing to dismiss the bill of exceptions erred in granting a new trial. Application was...
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