Conwell v. Atwood

Smith J.

This was an action of debt by Atwood and Co., against Conwell. By a bill of exceptions, it appears that, on the 13th of February, 1849, at the February term of the Franklin Circuit Court, said term having commenced on the 5th of that month, on the cause being called for trial, the defendant moved to set aside the sheriff’s return to the summons. That return was that the sheriff had duly served the writ, by leaving copies at the boarding house and store of the defendant, on the 23d of January,

1849. In support of the motion, the defendant filed an affidavit, stating, that on the 20th of…