This cause may be struck from the docket. Without a writ of error and a return we have no authority to act in the case. The parties may waive the citation but not the writ of error. We do not regret this, for the plaintiff’s objections are too captious to entitle him to favor.
[Issuing, service and return of writ of error cannot be waived, approved; Stemble v. Hewling, 2 O. S. 228, 233; Walker v. Walker, 4 W. L. M. 32, 36.]