Knox v. Summers

Debt against Summers and Crawford. Both defendants were taken by the marshal, and after office judgment, appeared by attorney and set aside the office judgment; whereupon the cause was sent back to the rules for further proceedings, when the defendant, Summers, in proper person, pleaded in abatement that he was one of the marshal’s deputies, and that the capias was not served on him by a disinterested person, as required by the 28th section of the Judiciary Act of 1789. [1…