Smith v. . Holmes

Neither the summons nor complaint show when the action was commenced. The sheriff's certificate of the service of the summons is evidence of the fact and of the time when the service was made, but it is not a part of the record before the court upon demurrer. Indeed, it is not a necessary part of the record of judgment in any case where the defendant has answered the complaint (Code, §§ 281, 246), either by answer or demurrer. Under the former system of pleading, the declaration was always entitled of a term or as of some particular day, and if from the declaration it appeared that the cause…