Ritchey v. Seeley

Ames, C.

On the 10th day of January, 1902, Seeley recovered a judgment against the Ritcheys in the district court for Cass county. Shortly afterwards a transcript of the record and judgment and a petition in error were filed in this court, and one of the attorneys of record of Seeley executed a written waiver of the issuance and service of a summons in error, but this latter was not lodged with the clerk until after the death of Seeley, and it was held that this court did not acquire jurisdiction of the pro*165ceedings in error, and they were dismissed on. March 4, 1903, and the order of dismissal…