Williams v. Buchanan & Brother

Jackson, Chief Justice.

This is a motion to set aside a judgment and an affidavit of illegality to the execution issued thereon, both tried together on law and facts by his honor, Judge Fort, parties assenting. The motion was denied and the illegality dismissed, and error is assigned here on both judgments. Both questions turn on the same point.

By the original declaration, the defendant, the plaintiff in error here, is required by the prayer for process to appear “ at the next superior court of said county,” and by the original process attached to this declaration he is “ hereby required…