Sweet v. Hill

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for taking and selling real estate under attachment. The .plaintiffs recove"ed, and the defendants appeal. The question is, whether or not the action was barred by the statute of limitations.

*827The attachment suit was based on a promissory note. The defendants were nonresidents. The attachment was predicated on that fact, and no attachment bond was required. Service was made by publication, the defendants did not appear, and judgment was taken by default. The judgment was necessarily limited to finding the amount…