1 Wright 682
Decided August 15, 1834
Ohio Supreme Court · decided 1834-08-15
Skinner complained before two justices under the forcible d etainer law, and obtained a venire, returnable *the 14th of Sept. 1833. The parties appeared at the time, [683 and Brownell obtained a continuance of the cause till the 4th of October on account of the absence of a witness. At which time the parties and jurors appeared, and Brownell obtained a further continuance till the 26th of October.
Decided 1834-08-15
¶1This cause may be struck from the docket. Without a writ of error and a return we have no authority to act in the case. The parties may waive the citation but not the writ of error. We do not regret this, for the plaintiff’s objections are too captious to entitle him to favor.
¶2[Issuing, service and return of writ of error cannot be waived, approved; Stemble v. Hewling, 2 O. S. 228, 233; Walker v. Walker, 4 W. L. M. 32, 36.]