among other the following cause and reasons to sustain said objections and motions (to wit) that the summons in said cause was issued on the day of 1841 and was made returnable to a term of said Court to be commenced on the Fourth Monday of April 1841 and that there was no Court held at the time to which said summons was returnable and that there has been no term or session of said Court since the issuing of said summons until the present extra term of the Court and for the further reason that said summons was issued against Walker Call and Mitchell, and that only Call and Walker were served with said process, and that as to Mitchell the officer returned not found in the County of Leon and that no further process issued or further steps were taken to make said Mitchell a party to said suit.
Whereupon the Court decided that notwithstanding the fact that the present extra term is the first session of this court since the issuing of said summons and the failures of said plaintiff to take further process against said Mitchell that said plaintiff entitled to a trial thereof at the present term of this Court. To which decision said defendants exceptions except and pray that this their bill of exceptions may be signed sealed and made a part of the record, which is done.
Samuel J. Douglas
On another day, to wit; the 16[th] day of February 1842 Came the plaintiff by his attorney and it appearing to the court, that the summons