Rich v. Starbuck

The appellee has filed a motion to dismiss this appeal, for two reasons:

1. Because the appellant has failed to serve a notice of the appeal on his co-party below, and file proof thereof with the clerk of this court, as required by section 551, 2 G. & H.

*311Daniel C. Rich was a co-party with the appéllant in the court below, and did not join in the appeal. Notice was given to him by a notice issued by the clerk of this court, at the written request of the appellant, which was served in the same manner as a summons in other cases. The official return of the officer serving it was filed with the…