Haylen v. Missouri Pac. R.

This case is submitted on a motion to dismiss because no summons in error was issued within one year from the rendition of the judgment and served on the defendant.

The record shows that final judgment was rendered June 28, 1888. On the 22d of November, 1888, the transcript was filed in this court but no summons in error was demanded or issued.

The attorney for the plaintiff in error in resisting the motion files an affidavit to the effect that he had an oral agreement with the attorney for the defendant to waive service of summons in error, and for that reason no summons was issued. The…