Kelley v. Mason

This was an action of debt by Mason against Kelley, upon a promissory note. The record shows that the defendant below, without appearing in the cause, moved the Court for a continuance. In support of the motion he filed his affidavit, stating, inter alia, that the summons in the cash was issued on the 24th of March, 1852, upon which the sheriff made return that he had “ served it by leaving a copy thereof at the defendant’s usual place of residence.” The term of the Court to which said writ was returnable, commenced on the 19th of April, 1852. The defendant, at the time said copy was left,…