Smurr v. State

Elliott, J. —

On the 22d day of September, 1883, the Whitley Circuit Court, then being regularly in session, entered an order directing that an adjourned term be held commencing on the 29th day of October, 1883, and notice was given of the adjourned term according to law. The time *126fixed in the order was a time when, under the provisions of the statute, the court in Kosciusko county might be in session, and Kosciusko county in conjunction with Whitley county constituted the thirty-third judicial circuit. The court in the former county was actually in session on the 23d day of October, 1883, and…