Baker v. Sloss

By the Court.

This is a motion by the defendants to dismiss the action upon the ground that the summons in error was issued and served after the expiration of a year from the date of the final order. It appears from the record that the final order sought to be reviewed was made on the ninth day of May, 1881. A transcript of the proceedings was filed in this court on the eleventh day of April, 1882, and a summons in error issued, but at what time does not appear. This summons was taken by one of the attorneys for the plaintiff in error, and was lost without having been served. An alias summons…