Kuhn v. Mc Kay

Potter, Justice.

On the 4th day of June, 1896, a motion was filed herein for the dismissal of these proceedings in error. The grounds assigned are: First, because the defendant in error has had no notice of the appeal; second, because no summons in error has been issued or served. No notice of proceedings in error is required except the service of summons in error, and this is not required if the issuance and service of such summons is waived.

The petition in error with the transcript of the record was filed on February 22, 1896. At that time no pre-cipe for summons in error was filed, and…