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DAYTON v. LASH

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94 U.S. 112 (1876)

24 L.Ed. 33

DAYTON, v. LASH.

Supreme Court of United States.

November 27, 1876.

Attorney(s) appearing for the Case

Mr. Lorenzo Allis in support of the motion.

Mr. Thomas J. Durant, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

This record shows that an appeal was allowed, a supersedeas bond approved, and a citation signed Feb. 26, 1876; but it does not show a service of the citation, and the affidavits presented upon this motion fail to satisfy us that proper service was ever in fact made. The appeal however, duly obtained; and the record has been filed and the cause docketed here. We have, therefore, the record; but a service...

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