Price v. Baker

—A question of practice having arisen in this case, it is thought best to state the point and the ruling upon it. The appellee moves to continue the cause, and the appellant moves that it be submitted. The transcript was filed .in the office of the clerk of this court, no appeal having been prayed in the circuit court, or notice served, without any assignment of errors; and thereupon notice was issued by the clerk, which was duly served in time for the submission of the cause at this term. The appellee insists that no pro*571cess or notice could be issued by the clerk until after the errors had…