Loving v. First Nat. Bank

This is an appeal from a judgment by default, rendered at a regular term of the court which convened on the third Monday in January, 1934. The summons for the defendant, the appellant here, was issued on the 5th day of December, 1933, and commanded the defendant to “appear before the circuit court of Clay county, . . . on the third Monday in January 192 34.” The return of the sheriff was filed on the 5th day of December, 1933, and recited personal service thereof on the defendant “this 5th day of Nov., 1933.” When the case came on to be heard, the appellee orally requested the court to permit…