Seybold v. Boyd ( 1855 )

Hemphill, Ch. J.

There was neither petition for the writ nor citation in this case, and the motion to dismiss must be sustained. These might have been waived either expressly, or by appearance of the defendant. But his appearance to move a dismissal does not waive or cure the defect.

It is ordered that the case be stricken from the docket.

Ordered accordingly.