Haulenbeck v. Gillies

Brady, J. (dissenting).

—Section 13 of the act relating to the district courts of this city, passed April 13,1857, provides that where the defendant is not a resident of the city, or where the plaintiff is not a resident, and gives the security required by section 23 of that act, the summons must be returnable in not less than two, nor more than four, days from its date, and must be served at least two days before the time for appearance mentioned therein. And further, that in all other eases it must be returnable not more than twelve days from its date, and must be served at least six days…