Johnston v. Eagle Ore Sampling Co.

This is an appeal from .a judgment for costs, which does' not relate to a. franchise or freehold. *183Under the circumstances, this court is without jurisdiction to entertain the appeal. More than three years have passed since the rendition of the judgment in the court below. The appellee has made no appearance in this court. If the cause had originally come here on writ of error, this court would not now have jurisdiction of the person of the defendant in error, in the present condition of the case, for no summons to hear errors has .been issued or served, nor has the appellee done anything to…