Draper v. Falley

The appellees commenced an action in the Common Pleas Court of Carroll county against the appellant, on a promissory note. The process was made returnable on the fourth Monday of May, 1869.. The-court met *466on that day. On the second day of the term, appellant appeared and filed an answer in one paragraph, which was in these words:

“Comes now the defendant, and says that the court ought not to hear and determine this cause at this time, because he says this is not the time provided by law for the holding of this court, but says that the same should be begun and held on the second Monday in J…