Combs v. Warner

Judge Marshall

delivered the Opinion of the Court.

On the 7th of June, 1838, a summons issued from the office of the Fayette Circuit Court, upon a petition and note filed against James Shy and Leslie Combs, as obligors in the note. On the summons, which was returnable to the first day of the June term of said Court, which came on the 18th of June, is the following endorsement, made by one of the deputy sheriffs of Fayette county, viz. “ Executed on Combs, June 7 th, 1838 — Shy not found, June 7th, 1838.” There is also on the summons, an endorsement made by the attorneys of the plaintiffs, to…