State Ex Rel. Westridge Corp. v. Chillingworth

A petition in mandamus makes it appear that in garnishment proceedings in the Circuit Court, notice to the defendant was published under Sections 3423, 3453, Rev. Gen. Stats. 1920, Sections 5276, 5306, Comp. Gen. Laws 1927, once a week from Sept. 20, to Nov. 22, 1927, the return day being the rule day succeeding the last publication, i.e., December 5, 1927. The Circuit Judge declined to enter a default or a judgment in the cause, on the ground that the time elapsing between the date of the issuance of the notice of institution of suit and the return day is greater than that prescribed in…