MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The judgment below was rendered Oct. 5, 1878, and the present term of this court commenced October 15. A writ of error returnable on the "second Monday in October next" was sued out and served the day the judgment was rendered. A citation returnable on the same day with the writ was duly signed and served before the first day of the term.
Rule 8 of this court provides that in cases when the judgment...
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