Caldwell v. Glenn

This is an appeal taken by the curator of the estate of the late David B. Cooper, from a judgment recognizing the petitioners as the heirs at law of the deceased, and decreeing to them the possession of his estate. The appellant has placed his case before this court upon the following assignment of erroi's appai’ent on the face of the record, to wit: “ That there was no legal citation, and no judgment by default, nor answer in the case.”

The recox'd shows that a citation was served upon the defendant, but it is clearly defective and insufficient. It does not mention the title of the cause, the…