Thompson v. Anderson

STAYTON, Chief Justice.

The motion to dismiss the writ of error on the ground that the citation does not show when the petition for writ of error was filed, and on the ground that it does not give the description of the judgment contained in the petition for writ of error, can not be sustained, further than to strike the case from the docket for want of proper citation in error; but this will not defeat the right of plaintiff in error to have proper citation hereafter issued and served if he has not otherwise lost that right. The statute prescribes what the citation in error shall contain, and…