DocketNumber: No. 1396, Op. Book No. 2, p. 683
Citation Numbers: 1 White & W. 470
Judges: Willson
Filed Date: 1/31/1883
Status: Precedential
Modified Date: 9/2/2021
Opinion by
§821. Citation; service of, must be five days before return day. Citation was served on defendant January 13, 1882, returnable on the 16th of January, 1882, and on the 18th of January, 1882, judgment by default was rendered upon such service. Held error. The judgment by default was prematurely rendered. Five days, exclusive of the day of service andtbe return day, had not elapsed. [R. s". 1228, 1245, 1281,1282.]
Reversed and remanded.