Padgett v. Ducktown, Etc., Iron Co.

This cause was regularly instituted in the Circuit Court of Polk County by the issuance of a summons, more than five days before the beginning of, and returnable to, the next term of that Court. The Sheriff into whose hands it came, executed it according to its tenor — that is, by summoning the defendant to appear at the term to which the writ was made returnable — but this service was made within five days preceding the beginning of that term. At this return term no steps were taken in the case. At the term next succeeding the one to which the defendant had been notified to appear, on motion…