Curtis v. Graham

The plaintiff sued Thomas Graham &— Way, in an action of trespass—there was judgment against Graham, and he appealed.

The first question presented, is on a bill exceptions taken to the refusal of the judge a quo to permit Way, one of the persons against whom suit was brought, to be sworn on the part of the defendant Graham.

The petition states, that the witness offered is a citizen of Natchitoches—and the record *290does not show service of citation on him. It does not appear that any proceedings were had against him, nor indeed could any be legally had against him in the court where this action…