McDonald v. Penniston

Mason, Ch. J.

This action is brought into this court by filing a petition in error and the defendant entering a voluntary appearance to the action. The petition in error was filed May 28, A. D. 1870, and is indorsed as follows :

“ We hereby waive the issuance and service of summons herein, and we hereby enter our appearance to this proceeding in error in the Supreme Court. Dated April 20, 1870.

The defendant in error now moves to dismiss this proceeding for the following reasons :

1. That no transcript of the record of the District Court is filed -in this case.

2. No service of summons in error…