
    HUNTSTOCK vs. HIS CREDITORS.
    Eastern Dist.
    February, 1837.
    APPEAL PEOAI THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING.
    The service of citation of appeal is to be made in the same manner as is required by law in courts of ordinary jurisdiction.
    So the service on a commercial firm must be made on either of the partners in person, or by leaving the citation at ¿heir store or counting house, and delivering it to their clerk or agent.
    In this case, the syndic of the creditors of Huntstock filed his tableau of distribution, and placed Reynolds, Byrne & Co. thereon, as chirographery creditors, for the sum of fourteen thousand one hundred dollars. They made opposition, and claimed to be recognized as mortgage creditors, and paid as such. The district judge rendered a judgment in their favor, from which Thomas Smith- & Co., also creditors of the insolvent, appealed.
    A citation was issued to the commercial firm of Reynolds, Byrne & Co., on which the sheriff made the following return: “Received June 4, 1835, and served on the same day, a copy of petition and citation of appeal, on Reynolds, Byrne & Co., by handing the same to Charles Briggs, a free person, above fourteen years of age, a clerk of the house of Reynolds, Byrne & Co.”
    
      Boyle, for the appellees,
    'moved to dismiss the appeal in this case, on the ground that there was no legal service of citation of appeal on the appellees.
    
      Lobdell, for the defendant,
    maintained that the service of citation was good. The Code of Practice, article 684, requires service of citation of appeal to be made in the same way as in ordinary cases.
    
      %. The Code then provides, that service must be made by delivery to the defendant in person, or by leaving the citation at his domicil, with a free person, apparently above fodrteen years of age, living in the house. This is the mode in relation to ordinary cases and persons. Code of Practice, articles 187, 189.
    The service of citation of appeal is to be madeinthesame manner as is required by law in courts of ordinary jurisdiction.
    So the service on a commercial firm must be made on either of the partners in person, or leaving the citation at their store or counting house, by delivering it to tlieir clerk or agent.
    3. But when a commercial firm is sued, the citation must be served on the partners in person, or left “ at their store or counting house, by delivery to their clerk or agent.” Here the sheriff made his return in writing, as he was required, stating that he had served a copy of the petition and citation of appeal on the appellees, Reynolds, Byrne & Co., by handing the same to Charles Briggs, a free person, above fourteen years of age, a clerk of the house of Reynolds, Byrne & Co. This ought to be considered as fully sufficient. Code of Practice, articles 188, 189, 200.
   Martin, J.,

delivered the opinion of the court.

There is a motion in this case to dismiss the appeal. • The dismissal is asked on the ground that there is no citation attached to the record, nor does it appear that the appellees have been cited. The citation is on file in the record. It appears from the sheriff’s return that the appellees (commercial partners) were cited, by delivering a copy of the citation and petition to Briggs, their clerk, a free person, above the age of fourteen years. It does not state at wThat place the service of this citation was made.

The service of the citation of appeal is, by the Code of Practice, article 584, required to be made in the same manner as when a defendant is cited to appear before a court of original jurisdiction. In these courts the Code of Practice, article 198, paragraph 5, requires the service of citation to be made in the following manner; “ In suits against any commercial association, trading under a title, or as a firm, on any of the partners in person, or at their store or counting house, 'by delivery to their clerk or agent.” Neither of the appellees was cited in person, nor was any service made at their store or counting house. The appeal must, therefore, be dismissed, with costs.  