King v. Hicks

The action below, in the Court of Common Pleas for the city of Baltimore, was instituted on the 8th of July, 1865, by the appellee, for the recovery of an account alleged to be due by the appellant.

*463The plaintiff filed his account, with an affidavit thereon, and a narr., containing the common counts. There were successive unexecuted writs against the defendant, but, under the writ issued the 3d of October, 1865, and returnable to the second Monday of October, 1865, one of the return days, the defendant was returned “ summoned,” but did not appear on that day, and no motion for judgment by…