Ayers v. Scott

The first error assigned is in the following words: “It does not appear by the return of the sheriff, nor by anything else in the record, that a copy of the bill was ever delivered to the defendant in the court below; without which it could not be taken for confessed.” The act of 1799, entitled “an act to amend the several *163acts regulating proceedings in chancery,” was relied on to support this objection ; the first section of which having expressly directed that a copy of the bill shall be delivered to the defendant by the officer or person serving the subpoena, which delivery shall be…