Kinney v. Emery

The Chancellor.

The subpoena to answer was made returnable on the 30th of May, which is one of the legal holidays on which it is provided *341bylaw, “no court shall be held except iu the cases where,” at the passage of the act, “ it would sit on the first day of the week.” Rev. p. 481. The defendants now move to quash the writ on the ground that it was returnable on that day. No action of any kind is required of a defendant in a subpoena on the return-day of the writ. He is not required to appear or enter an appearance then. On the contrary, he is informed by the note at the bottom *342of the writ…