McNeil v. Childress & Folts ( 1871 )

Walker, J.

The motion to dismiss the appeal is overruled. The action on the original petition could not be maintained.

And on the new cause of action set up in the amended petition, it was error to render a judgment by default without service of copy or citation.

The judgment of the district court is reversed, and the cause remanded.

Reversed and remanded.