Gaskill v. Foulks

The opinion of the court was delivered by

Parker, J.

Prosecutors seek by this writ to set aside a rule made by the judge of the Burlington Circuit Court in an ordinary action on contract at law for the recovery of a money judgment. The action was begun by summons in the usual way, but the summons was technically irregular because, though issued in the month of April, it was made returnable on the “fifth day of May instant,” and because if ihe fifth *376day of May then next was meant, that day fell on Sunday. In addition to these irregularities, service was not made until May 4th, and was…