Baxter v. Ervin

Wright, J.,

delivered tbe opinion of tbe Court:

We are of opinion tbat tbe Circuit Judge did not err in this case, because we tbink tbe writ issued to Dickson County, against Theodore Baxter, must be regarded as a counterpart of that issued to Robertson, against Robert Baxter and James T. Connel, and being of opinion, as we are, from tbe statement in tbe petition, tbat tbe plaintiff in error was in fact served with process, it was gross neglect in him, not to have appeared at tbe proper time, and make defence to tbe suit. ‘

But if this were not so, and be in fact were not served, tbe sheriff…