
    SMITH'S HEIRS vs. BLOUNT.
    Eastern Dist.
    
      February, 1837.
    APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTBICT, THE JUDGE OF THE EIGHTH PRESIDING.
    A citation of appeal, without the signature of the clerk of the court from which it issued, is insufficient, and the appeal will he dismissed.
    The seal and signature of the clerk of the court are essential, and must be affixed to the citation, and all process issuing therefrom.
    win be- dismis-A citation of appeal, without the signature of the clerk of the court from which it issued, is insufficient,
    se^he seal an(1 signature^of the court are essen-^ust¿® citation and ail process issuing therefrom.
    The plaintiffs took an appeal in this case. There was no signature of the clerk of the court appealed from affixed to the citation of appeal, although one had issued, and service made by the sheriff.
    
      Johnson, for the appellee,
    moved to dismiss the appeal, because there was no citation according to law.
    
      Lobdell, contra.
    
   Martin, J.,

delivered the opinion of the court.

The appeal is prayed for on the ground that there has been no citation of appeal in this case, as required by law. The citation is without the signature of the clerk of the District Court. We have held that the seal of the court is is essential to such process. The signature of the clerk appears to us equally so. The appeal, therefore, must be ■J 1 . , * ** *1 dismissed.

Where the citation of appeal has not heen returned by the sheriff, and does not accompany the record, the appeal will be dismissed.  