Cuddy v. Belleville Iron Works Co.

The judgment of the court was pronounced by

Slideil, J.

There is a motion in this case for the dismissal of the appeal, upon the ground that the appellee has not been cited, and that the absence of citation is attributable to the fault of the appellant, and not of the clerk or sheriff.

It is conceded that there has been no actual citation;' and we deem the point to be well settled that, where an actual citation is necessary and its absence is attributable to the fault of the appellant, the appellee upon a motion seasonably made has a right to require the' dismissal of the appeal.

It is therefore…