State ex rel. Freret v. Wickliffe ( 1869 )

Howe, J.

A motion has been made to dismiss tbe appeal taken herein by tbe State, a third party interested, on tbe ground that the defendant in tbe judgment lias not been made a party appellee. The appeal was taken by petition of the Attorney General, which prayed that tbe relator be cited, but contained no prayer for tbe citation of tbe defendant. Tbe necessary parties not being before us, and this defect being tbe fault of fixe appellant, it is ordered that tbe appeal herein be dismissed.