Gregory v. Leigh

Walker J.

We confess we have to presume a good deal in favor of the right road to justice, in order to take jurisdiction of this case. There is no statement of facts accompanying the record. *814The record undoubtedly recites in a very faulty manner the citation • in- error thus: “ You are hereby commanded to W. B. Lee,” etc. The remainder of the documeut shows conclusively that it was a precept of the court, known as a citation in error ; it was served-as such on the defendant in error, and he is here in this court answering by his council with great ability. The word summons we have no doubt was…