
    McGuire et al. v. Ranney.
    
      Petition in error — Waiver of process and entry of appearance upon, prior to filing— When takes ejfect — Effect of death of aefenaaut in error before filing.
    
    The waiver of process and entry of appearance upon a petition in error prior to the filing of. the same, by attorneys of record of the defendant in error, takes effect as of the filing of the petition. And where, after such indorsement of appearance is made and before ihe petition is filed, the defendant in error dies, the waiver" and entry oí appearance is of no legal effect. If no other service io had, or attempted, within six months after the rendition of the judgment of the court below, the petition in error will be dismissed for want of jurisdiction of this court to hear and determine the cause.
    (Decided April 26, 1892.)
    .MOTION by the executors of Rufus P. Ranney, deceased, to dismiss the case.
    
      Oviatt, Allen <$f Cobbs, for the motion.
    
      Tibbals & Frank, contra.
    
   By The Court:

The ground of the motion is that this court is without jurisdiction to hear and determine the proceeding in error, because more than six months have elapsed since the rendition of the judgment of the circuit court, and no service of process in error has been had.

Judgment of the circuit court was rendered September 22, 1891. Petition in error was filed December 22, 1891. Upon the petition is written a waiver of process and entry of appearance, without date, duly signed by the attorneys of record for the defendant in error in the action - below. This paper was, in fact, signed sometime prior to December 6, 1891. On this last named date the defendant in error deceased. No summons in error hás issued, nor is there service of any kind unless the waiver and acknowledgment of service by the attorneys of record in the original cause upon the petition prior to the decease of the defendant in error can have that effect.

We think it cannot. It would not be possible, in any manner, to bring a party into court prior to the filing of the petition. The waiver and appearance by counsel speaks, therefore, as of the date of the filing of the petition in error, December 22,1891. The decease of the defendant in error December 6, terminated the authority of the attorneys of record in the original case, and hence the entry of appearance on the petition in error is without legal effect.

No service having been made, therefore, within six months from the date of the judgment of the circuit court, this court is without jurisdiction, and the petition in error must be dismissed. Cisna's Adm'r v. Beach, 15 Ohio, 300.

Motion sustained.  