Miller v. Bottorff

Debt by Bottorff and another against Miller on a promissory note, and judgment by default.

The only error assigned is, that the record does not show that the defendant in the Circuit Court had notice of the suit.

The capias ad respondendum was returned to the clerk's office,with a recognizance of bailindorsed thereon according to the form prescribe'd by the statute,and signed by one, Jonathan Hunt. This was the only indorsement on the -writ, and *33the Circuit Court bad no other evidence of service than that which it contained.

C. C. Nave, for the plaintiff. C. Fletcher, 0. Butler, and S. Yandes,…