Hutchiss v. Dodd

Martin, J., delivered the opinion of the court. The tutor of the minor is appellant from the refusal of the judge, to order a re-sale of certain lands of theirs, which are alleged to have been illegaly sold. The appeal bond is in favor of the under tutor, but neither he, nor any other person has been made a party to the appeal by a citation. It is, therefore, clear that we cannot inquire into the correctness of the judgment ex parte; the appeal must, consequently, be dismissed.