Fitch v. Watson

OPINION OF THE COURT BY

GALBRAITH, J.

The defendant in error appeared “specially in bis own behalf” and presented a motion to quash the writ issued in this cause on two grounds, namely, (1) Because he is not now and has never been a party to such a proceeding as that described in the writ of error, the notice or the citation served on him. (2) Because there is not now and never has been pending before the Circuit Judge of the First Circuit, at Chambers, in Probate, any such proceeding as that described in the writ of error.

The return to the writ made by the Clerk of the First Circuit Court is…