Naylor v. Phillips
3 Stew. 210
Ala.
1830
Check Treatment
By LIPSCOMB, Chief Justice.

We have heretofore ruled that the want of a citation is a sufficient ground f°r dismissing a suit in this Court;a but in this case the defendant had voluntarily appeared, and procured an af-firmance on certificate, before the coming in of the record. After that affirmance has been set aside, he cannot claim any advantage- on aceountof the want of a citation.

Motion overruled.

Minor’s Ala. Rep. 97. 2 Cranch 406.