Mitchell v. Lincoln

This was a proceeding by notice and motion, instituted by the appellee against the appellants. In his verified motion or petition, the appellee represented in substance, that on the 6th day of June, 1879, he commenced a suit in the court below against the said appellants upon a note executed by them to him, as such administrator; that the said cause came on to be heard by and before said court, at its June term, 1879, the appellants having each been duly served with process therein ten days before the first day of said term; that on the 12th day of said term, to wit, on the 28th day of June,…