Merritt v. White

Handy, J.,

delivered tire opinion of the court.

This action was commenced by the issuance of a capias ad re-spondendum, on the 21st of December, 1858, returnable on the second Monday of February then next; on which the sheriff made this return: “ Executed December 23, 1858.” At the return term, the plaintiff filed his declaration, and bill of particulars of his demand, and at the same term, judgment by. default was rendered. This judgment is alleged to be erroneous, on two grounds : 1st. That the process was not executed according to the requirements of the present statute; and, 2d. That the…