
    Weathers and Others v. Weathers.
    It was error to appoint .commissioners to assign dower, upon a petition under the R. S. 1843, before the defendants were summoned.
    ERROR to the Jasper Probate Court.
    
      Thursday, June 15.
    
      J. Pettit, S. A. Huff, J. M. La Rue, and B. O. Deming, for the plaintiffs.
   Perkins, J.

Petition for dower. Petition granted below. The Court proceeded in the cause and appointed com-’ missioners to assign dower without notice to the heirs.

This was erroneous. The statute under which the proceeding was. had (R. S. 1843, pp. 804, 805) provided for a trial, upon notice to the defendants, upon the question of the right to dower, before the appointment of commissioners, &c., and their appointment without such notice and trial was erroneous, at all events, where such trial was not waived.

Per Curiam. — The decree and proceedings are reversed with costs, back to the petition, with leave to the defendants to plead, &c.  