Lewis v. Hennen

Meeeick, O. J.

In this case there is a motion to dismiss the appeal. We think this a proper case for the application of section 19 of the Act of 1839.

*260The appeal was regularly taken and the bond was given in due form. The first citation of appeal was returned not served, on account of the absence of D. H. Hennen from the city. The second citation, which was addressed to Egerton, appears to have been served upon the defendant Ilennen. It is true that the petition of appeal does not contain an express prayer for a citation, but the clerk undertook to issue and did issue one, and the appellant is…