Robinson v. Mobley

JUDGE WILLIAMS

delivered the opinion op the court:

The statement of the clerk in the record is, that alias summons issued against the defendant, Robinson, July 4, 1866, “which appears, has never been returned.” Notwithstanding which, at the September term judgment was rendered by default, reciting that “ the defendant having been duly summoned and failing to answer.” Without any motion to set aside the judgment for a clerical misprison, this appeal is prosecuted and this error assigned.

By section 740, Civil Code, it is made the duty of the clerk to enter upon the docket the name of every…