Wright v. Phillips

Opinion Toy

GreeNE, J.

An action of forcible .entry and .detainer, commenced by John Phillips against Mitchell D. Wright and O. Gentry. It appears by tbe transcript that tbe summons was served upon' the defendants and-made returnable Dec. 22, 1848, at 10 o’clock; A. M. At the time appointed, tbe defendants appeared and mov*192ed for a nonsuit, on tlie ground that the hour of trial had passed. This motion was overruled, and thereupon the defendants moved to dismiss the suit, alleging for cause that the complaint did not show that the premises sued for, were within the township and county, within…