Nuttall v. Kirkland

Porter, J. delivered the opinion of the court. The appellees have moved to dismiss *283 this appeal, in consequence of the citation being served on the attorney. The return of the sheriff does not state the appellees to be absent from the state, and there is no evidence before the court, that they are non-residents. Rigg and Winn for plaintiffs; Scott, Thomas, and Flint, for defendant. It is therefore ordered, adjudged and decreed, that the appeal be dismissed, with costs.