Clark v. Ennis

*70The opinion of the court was delivered by

Van Syckel, J.

In this case summons was issued on the 27th of December, 1882, returnable on the 30th day of the same month. It was on the same day served by Thomas Forsyth, as sheriff of the county of Union, on the defendant, and duly returned.. Motion is made to quash the service and return on the ground that Forsyth had no authority to act as sheriff.

For the purposes of the motion it is admitted that Forsyth was elected sheriff of the county of Union at the annual election of members of the general assembly in the year 1881; that he gave bond, took…