Owen v. Tankersly

The defendant in error moves to dismiss the writ, because, after a return of not found as to the principal, *39the same citation was served on the attorney of record. The service, however, in this respect, appears to be in accordance with the requirement of the statute; which is that if the party is a non-resident, or, as in*this ease, “ cannot be found, the citation may be served on the attorney of record,” &c. (Dig. Art. 793.) Ho reason is perceived why an alias citation should be issued for that purpose, if service is made before the return Term. To require it would be to occasion needless…