Merrill v. Montgomery

Ejectment is brought upon an execution title under a judgment in favor of Montgomery against the bank of Calhoun county, and the most important question involved is whether the judgment was valid.

Tbe declaration against the bank was filed March 16, 1858. On the same day an order for substituted service was made upon a showing that ordinary service could not be made. It is claimed that this order was not valid.

The first objection is that it was not made by the court, but by the judge. It appears in the form of a motion in the special motion book, with a memorandum as follows: “ Granted. B. P.…