Miller v. Boyd

Judge Underwood

delivered the Opinion of the Court.

This was a motion for failing to return an execution, as required by law. The notice required the defendant to appear on the fourth day of the March term of the Franklin circuit court, in the year 1831. On that day the notice was entered, and the motion laid over until the sixth day of the term. No further notice seems to have been taken of the motion until the tenth day of the term ; when an entry was made, continuing the motion until the fourth day of the next term, at the costs of the defendant. On the fifth day of the next term, the…