Donaldson v. Anderson

McGirk, Judge,

delivered the opinion of the court..

•Anderson, Duncan and Sneed brought an action against Donaldson on an assigned note by petition and summons *481in the circuit court of Monroe county. It appears by the sheriff’s return that the process of summons was served by leaving a copy of the same with the defendant’s wife, fifteen days before the return day thereof, and that there was no personal service. An issue was made up Ur trial, and at the return term the cause ivas called for trial. The defendant objected to go to trial at that term, insisting that in such cases where there was not…