Thomas v. Warford

OPINION of the Court, by

Judge Trimble

— The first and third errors assigned may well be considered together. They in substance, object that the writ was not served on John Pattie, and yet proceedings were had and judgment rendered against him. This objection must be deemed fatal, unless it is cured by his appearance without service of the process. It appears that special bail was entered for the defendants, which is not.conclusive ; because the bail might have been so entered, without the knowledge of the defendant, on whom process had not been served ; but the record states that “ on motion…