Sloan v. Batte

Gould, Associate Justice.

This was a judgment by default, and must be reversed, because there does not appear to have been proper service on defendant W. L. Sloan, who *216has brought the case here by writ of error. The sheriff’s return on the citation, issued April 7, 1869, is as follows: “Received in office April 7,1869. Executed on W.L. Sloan by delivering to him in person a certified copy of plaintiff’s petition and true copy of the within citation.”

This return is. manifestly defective in failing to show, as the statute requires, the day when it was executed. (Paschal’s Dig., art. 5121;…