Moody v. Thomas

Suit was commenced on the 8th day of April, 1873, to the April term, 1873, of the court below, being more than ten days before the first day of that term, and summons was issued to appellants and three others, which was served on appellants on the same day.

By law, the terms of the court commenced on the third Monday in each month, and no declaration was filed in the cause until the 30th of May, 1873, which was after the commencement of the second term of court held subsequent to the commencement of the suit. The cause remained on docket, no plea being filed or appearance entered by…