Smith v. Alexander
Court of Appeals of Kentucky
Error to the Mercer 'Circuit. 2?et. & 'Sum. Case 133. The case stated. 'One-of two joint obligors -who was a non-resident of the-county and-not served with process until two days before 'the return day, has not a right then to present himself to the Sheriff, who had two days before returned the process, and demand its service upon himself; nor will the Court, upon motion-of such defendant, quash the reluVn of the Sheriff of nrit found.
Read the full summary
Error to the Mercer 'Circuit. 2?et. & 'Sum. Case 133. The case stated. 'One-of two joint obligors -who was a non-resident of the-county and-not served with process until two days before 'the return day, has not a right then to present himself to the Sheriff, who had two days before returned the process, and demand its service upon himself; nor will the Court, upon motion-of such defendant, quash the reluVn of the Sheriff of nrit found. But it is proper to permit the Sheriff to return the fact that said defendant was not an. inhabitant of his county, abate as to Mm and rencler judgment against…
1Opinion of the Court
Judge Maesiiall
delivered the opinion of the Court.
These were two actions by petition and summons against Scales and Smith, joint and several obligors in •each of the notes sued on. In each case the Sheriff returned the process as-to Smith “executed,’-’ in time for judgment at the first term; and as to Scales “not found.” On the calling of the cause on the. first day of the term, the record states that the defendant, Scales, came by his attorney and filed-his affidavit, and moved the Court to quash-the Sheriff’s return as to him; and the Sheriff filed his affidavit, and moved lo amend his…
2Cases cited1 opinion
- Combs v. WarnerCourt of Appeals of Kentucky · 1839