People ex rel. Chaddock v. Barry

This cause was tried in the circuit court before a jury. The suit was on a sheriff’s bond; but the only question in controversy here is upon a justice’s summons, which was introduced in evidence, and upon which the rights of the parties depend. The summons was issued February 9, 1889, returnable February 18. It was served upon one of the defendants in the summons named, February 13. It is claimed upon the part of the defendants that both the day of service and the return-day should be excluded, and that, so excluding both days, no *543sufficient service was had to give the justice jurisdiction.…