Ivey v. Perry

— The summons and complaint, in this cause, were sued out on the 28th day of May, 1892, and served on three of the defendants, on the 31st day of May, 1892, and returned “not found” as to the other defendant. The following term of the Circuit Court, to which the summons was returnable, convened on the second Monday in June, 1892, — that being the 13th day ©f the month. During that term, to-wit, on July 20, 1892,-the plaintiff discontinued the action as to the defendant not served, and took judgment by default against the other defendants for the lands sued for, damages and costs. This…