Pegg v. Capp

¶1THE return to a subpoena in Chancery against Abner McCarty and John Pegg was as follows: “Executed on Abner M’Carty the 25 March, 1826. John Pegg not found. 20 March, 1826. —R. John, sh’ff.” A decree, reciting that it appeared to the satisfaction of the Court that the subpoena had been duly executed, was entered against the defendants •pro confesso. Held, that the return was insufficient to authorise a decree.