
    JAMES ROBARTS, appellant, vs. STEPHEN H. DESFORGES, appellee.
    
    16 Oct. 1819.
    A party, whose infant children are bound out by the county court, must be previously summoned, or shewn to be out of the jurisdiction of the court.
    
      Bibb for plaintiff in error.
   Judge Owsley

delivered the opinion of the court.

It not appearing in this case that the plaintiff in error had been summoned, nor that he was beyond the jurisdiction of the county court, the order, binding out his infant children, is erroneous.

The order must, therefore, be reversed, set aside, and the plaintiff in error must recover his costs in this court. 
      
      Absent, Judge Rowan.
     