Hibbard v. Pettibone

By the Court,

Cole J.

We think the judgment of the circuit court in this case should be reversed.

It appears from the record that the suit was commenced by 3 writ of attachment sued out by the defendants in error against the plaintiff in error, as an absconding debtor. The writ was sued out on the 23d day of January, 1854, and *271was made retainable according to law on the first Monday of April next thereafter, that being the first day oí the next succeeding term of court. The writ, however, was not in fact returned until the 17th day of July thereafter, about which time the usual steps were taken…