Carey v. Butler

This was a suit upon a note. The summons was dated the 22d day of December, 1856, and by it the sheriff was commanded to summon the defendants to appear, &c., “ on the second day of the next April term” of said Court. The January term intervened, at which the defendants were defaulted, and judgment entered against them.

The process was served on the appellants on the 24th of December, 1856. The January term commenced on the first Monday, being the 5th day of the month, 1857. Consequently, the service was a sufficient length of time before the term to authorize the default, if, by the terms of…