Pendleton v. Vanausdal

ASSUMPSIT upon a note. Judgment for the plaintiffs.

On the calling of the cause, Mr. Pratt, an attorney of the Court, appeared as amicus curia, and moved the Court to set aside the return of the sheriff to the summons in the case, so far as Pendleton was concerned, which was, that he had served the writ on Pendleton by leaving a copy at his last place of residence; and, in support of his motion, proved that Pendleton had not been in the county for the prior six months to said service; that he left for the south in the capacity of a peddler, taking a wagon-load of goods with him; that letters…