Moore v. Fiquett

The error assigned is, that there is a judgment by default, when it appears that the writ was “ not served *237upon the defendant below five days before the commencement of the court, to which it was made returnable.” ‘The statute declares that “ all original process, and all subsequent process thereupon, to bring any person or persons to answer to any action, suit, bill or.plaint, in any court in this State (except sub-sanas for witnesses, which in term time may be made returnable immediately) shall be issued by the clerk of such court, and shall be returnable to the first day of the term, and…