DocketNumber： 4614
Judges： Brett
Filed Date： 6/1/1915
Status： Precedential
Modified Date： 10/19/2024
Where there is no waiver of summons in error, no general appearance, and the record does not show affirmatively that the defendants in error have been duly served with summons in error, this court is without jurisdiction to pass upon their rights, and the appeal in such case should be dismissed. SeeDr. Koch Vegetable Tea Co. v. Davis et al., ante,
We recommend that the appeal be dismissed.
By the Court: It is so ordered. *Page 38