Davenport v. Field

In this case, there has been a motion submitted by the defendant in error, to dismiss, for the want of a citation served on him. The record shows a petition for a writ of error, and a bond, but does not show that any citation had been served upon the defendant in error. The Clerk certifies that the citation had been issued to the Sheriff of Harrison County, but no return had been made, and certifies that the transcript was demanded by the counsel for the defendant in error, on the 1st April, 1854. It does not appear from the indorsement of the Clerk of this Court, which party filed the…