Reynolds v. McCallum

On the 23d. day of May, 1870, an appeal was granted by the circuit court of La Payette county, and, on tbe 29th of August, 1873, the transcript was filed in this court. On tbe last mentioned day a summons was issued, directed to tbe administrator of tbe estate of Lucy Hamilton, deceased, service of wbicb was accepted by appellee’s attorney, waiving exceptions to form of service, but as to nothing else. On the first day of tbe present term, tbe cause was called and submitted at tbe instance of the appellant, tbe court not noticing that tbe appeal bad been granted more than three years before…