Full text
Chester Hitchcock, in error v. Daniel S. Haight, in error
Opinions in this case
- Majority — Treat
- Majority — Scates
The Opinion of the Court was delivered by
Treat, J.
The plaintiffs in error ask for a rule on the defendant to join in error. The scire facias was served on the defendant two days after the return day. The service amounts to nothing. The writ had lost its vitality. Its.force was spent. The defendant is not before us.
The motion is denied.
Motion denied.