Muldrow v. Bates

Opinion delivered by

McGirk, Judge.

The plaintiff in error, Muldrow,. was sued in the circuit court ot Marion county, by a proceeding enacted by the statute of the State — a petition and summons; a writ issued on the same,commanding the sheriff' of Marion county to summon the defendant to appear on a certain day in the circuit court, to answer the plaintiff the demand.

The sheriff returned on the writ, that he had served the same by reading the summons to the defendant; but tha sheriff’ failed to say on his return whether he had or not *215head the petition to the defendant. On the return day of the…