Langley v. Grill

IT at,t.ett, 0. J.

This was an action of covenant, commenced by the defendants in error against the plaintiffs in error, in the district court of Gilpin county.

The sheriff’s return upon the summons is as follows :

“I have, duly served the within by reading the same to the within-named John C. Bruce and John H. Langley not found in my county, as I am therein commanded.”

*72At the July term, 1866, of the district court, Bruce was defaulted, and, upon a subsequent day of the term, the damages were assessed by a jury and judgment entered against the defendants, without naming either of them, and the…