Moore v. Hitchler

GARRETT,

Chief Justice.—As shown by the certificate filed in this court by the defendants in error for affirmance of the judgment of the court below, the defendants in error, on July 25, 1896, recovered a judgment against the plaintiff in error for debt with foreclosure of lien. On October 5, 1896, plaintiff in error filed with the,clerk of the court his petition for writ of error and a supersedeas bond, and citation in error was issued on October 13, 1896. The clerk certified that the sheriff’s return of service of citation in error .wus not on file in his office, and could not be found.

Defend…