Huffstedler v. Swan

Mb. Chibe Justice Green

delivered the opinion of the Court.

Prom a decree rendered on a pro confesso against him the defendant Boyd has appealed and assigns for error that the pro confesso was improperly entered. We think his contention is correct.

The bill was filed by complainant against J. A. Swan, W. D. Boyd and W. H. Swan, November 28, 1925. ■ The Swan’s accepted service of process. A subpoena issued for defendant Boyd returnable to the first Monday in December (7th), 1925. It was returned December 2, 1925, “not found.” Alias process for defendant Boyd issued December 4, 1925, returnable to…