Bartlett v. Winkler

The only error assigned in this case, worthy of notice, is the defective service of the process, upon Bartlett. He was sued with Tate and Thompson. It is admitted that the two latter were regularly served with process; the citation that was issued out against Bartlett, described the suit he was called upon to answer, as a suit against him, Tate and Thompson, and the Sheriff's return on the citation, is as follows: “ Executed Feb. 1st, 1854, by a certified of this torit and copy of petition,” Nat. Henderson by Geo. L. Williams, Deputy, instead of executed by delivering the defendant a copy of…