Paul v. Rooks

This action was commenced by plaintiff Paul before a justice of the peace, by attachment. Summons was issued and made returnable in thirteen days. There was no service upon the defendant. Upon the return day, at the request of the defendant, by letter, the case was continued for twelve days. The garnishee appeared and made answer to the garnishment process. At the expiration of the time for which the cause was continued, the defendant appearing specially by attorney, moved the court in writing to quash the summons because it was made returnable in thirteen days from the date of its issuance,…