Womack v. Mcahren

McAhren and wife sued Womack on a promissory note made to the wife during coverture, for her share of her father’s estate. Judgment for the note and interest. Womack appeals.

The first point made is, whether the service was in time. The defendant moved to continue because, as is assumed, the summons was not served ten days before Court. This motion the Court overruled. The record shows that on the third of July the parties appeared, and a rule was taken against the defendant to plead at the next calling. On the fifth of July the parties again appeared, and the defendant moved for the…