A motion is made to dismiss the bill of exceptions in this ease, upon the ground that it was not served within the time required by the Civil Code (1910), § 6160. Inasmuch as the defendant in error, in his acknowledgement of service, preserved his right to dismiss upon the ground now urged, and the record showing (and by the record *816this court is bound) that service of the bill of exceptions was not had in the time required by law, the writ of error must be

Dismissed.