Hogan v. Ross — 50 U.S. 602

Majority

p. 602

Smith Hogan, Arthur S. Hogan, and Richard Y. Reynolds, Plaintiffs in error, v. Aaron Ross, who sues for the use of Robert Patterson.

Syllabus

Where no citation had been issued or served upon the defendant in error, the cause - must be dismissed on motion.

This case was brought up, by writ of error, from the District Court ot the United States for the Northern District of Mississippi.

p. 603

The order of the ciourt explains the ground of its dismissal, upon, the motion of Mr. Coxe.

Order.

This cause came on to be heard on the transcript, of the record from the District Court of the United States for the Northern District of Mississippi, and on the motion of Richard S. Coxe, Esquire,.of counsel for the defendant in error, stating that no citation had been issued or served upon the defendant in error, was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this court, that this cause be, and the same is hereby, dismissed, with costs.