Hutchens v. Latimer

Assumpsit by Latimer, Jenkins, & Co., against Hutchens and others, on a promissory note. Upon, the calling of the cause, the defendants filed their affidavit, the main point of which was, that the only service of summons was by copy; that but one copy was left at the house where two of the defendants resided, one of them as a boarder in the family of the other; setting out such copy in hcec verba. Such is also the substance of the sheriff’s return on the summons, as appears elsewhere in the record. *68The defendants thereupon moved the Court to set aside the service, and continue for process,…