Holder v. Harris

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] IN BANC.

MOTION TO DISMISS APPEAL OVERRULED. The plaintiff being defeated in this suit, initiated an appeal to this court. There is no question as to the service against defendants Harris and Mingo, but there is a motion to dismiss, because it does not appear from the return that Sutherlin, an alleged adverse party, was properly served. The return of service is by acceptance in due form signed by Winter and Maguire, attorneys for Mingo, and by Wood, Montague and…