GAINES v. WALSH

APPEAL AND ERROR, § 711 — grounds for dismissal of appeal. Judgment debtor's appeal from decretal order dismissing his complaint in suit to restrain sheriff from maintaining levy upon debtor's personal property was dismissed on motion of judgment creditor, who had filed intervening petition, where sheriff was the only defendant named in complaint and had not been served with summons, had not entered an appearance, and had taken no part in the proceedings.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed March 1, 1949; released for publication April 26, 1949.