Birmingham v. Rice

on motion to dismiss appeal.

The decree appealed from was rendered by the Chancery Court of Lawrence County on August 27, 1907, and the appeal was granted by the clerk of this court on August 12, 1908. Summons was issued on that day to the sheriff of Lawrence County and sent to one of the attorneys for appellant, who delivered it to the sheriff with instructions to serve same, and also paid the sheriff his fee for the service. At that time one of the appellees had removed from the county, and the other one was a resident of Independence County. The summons is not accounted for further than -by…