Frosch v. Schlumpf

The plaintiff in error has assigned several errors in this case, but from the view we have taken of the law on one of them, it will not be material to notice any of the others. The plaintiff in error excepts to the citation by which the defendant was-called to answer to this suit in the court below. The judgment was taken by default before any appearance was entered by the defendant, consequently the plaintiff must hold his-judgment subject to all the legal exceptions to the process-that might have been made in the court below. The exception is, “ that the citation was not issued under the…