Glenn v. Wragg

Peyton, J".,

delivered the opinion of the court.

This was an action of assumpsit brought by the defendant in error against the plaintiff in error, in the Circuit Court of Winston county. The sheriff made the following return upon the summons : “ Executed by delivering copy to son of the defendant at his residence, Sept, 12th, 1866.” A judgment by default was rendered on the 25th day of March, 1867, in favor of the defendant in error against the plaintiff in error for the sum of $380.64.

To reverse this judgment, the plaintiff in error now prosecutes a writ of error here, and assigns for error…