Simmons v. Bevill
Simmons v. Bevill
Opinion of the Court
This cause being reached in its regular order on the docket for final consideration, it appears to the court that the writ of error therein was issued on the 2nd day of September, 1895, and.made returnable to the second Tuesday in January, A. D. 1896, and that the scire facias ad audiendum errores therein served on the defendant in error was issued on the said 2nd day of September, A. D. 1895, but was made returnable to the second Tuesday in January, A. D. 1895, and the said defendant in error not having brought himself within the jurisdiction of this court, by any manner of appearance, and this court not having acquired jurisdiction over the person of the defendant in error, it is hereby ordered that the writ of error in said cause be and the same is hereby dismissed at the cost of the plaintiff in error.
Reference
- Full Case Name
- Mary A. Simmons, in Error v. T. Harper Bevill, in Error
- Status
- Published
- Syllabus
- Appellate Practice — Where Service is Made of Void Writ of Scire Facias ad Auddenduin Errores, and the Defendant in Error Does Not Appear, Writ of Error Dismissed. Where a scire facias ad amliendwm errores is made returnable to a day and term of the Appellate Court that had already passed at the date of the issuance of such writ, and the defendant in error served therewith has not subjected himself to the jurisdiction of the Appellate Court by any manner of appearance, such writ and the service thereof are nullities, and do not give to the Appellate Court jurisdiction over the person of such defendant in error, and the writ of error will be dismissed.