Thomas v. Childs

In this cause, a petition for a writ of error was filed on 19th of May, 1869, but the record shows no evidence that a citation ever issued to the defendant in error, or his attorney. Service of citation is absolutely necessary, in order to give this court jurisdiction. (Article 1495, Paschal’s Digest, and Note ) And the record,, when filed here, must show that a citation has not only issued, but also that the same has been duly served, and returned into the District Court, before the transcript is made up.

It is claimed by the plaintiff in error, that notice was given to the attorney of…