King v. Goodson

Roberts, Chief Justice.

This is a judgment by default. The return of the sheriff is not strictly correct, being liable to the construction that one copy of the citation and petition was served on both defendants. The statute requires that the manner of the service should be plainly stated, and when this is done it will not require any intendment in its favor to help it out, as must be indulged in this ease to hold the return to be sufficient. The return reads as follows: “ Came'to hand September 30th, 1873, and executed same day by handing J. B. King and John A. Pierce, in person, a certified…