The rule should have been served by copy. The return is insufficient. The motion must be denied.
Motion denied.
Motion for Attachment.
An order or rule uptin an officer to return process should be served by copy.
In this case the relator produced the order of the Court requiring the defendant to return certain fee bills and executions for costs, which, it appeared by affidavit, had been committed to him for collection, and which he had failed to return. The return to the copy of the rule, was as follows :
“ Served this rule, by reading, on John G. McHatton, the 23d day of January, 1841.
“ Samuel Mason, Coroner of Schuyler County.”
J. Y. Scammon, for the relator, moved that an attachment issue against the defendant.
M. McConnel objected.
The rule should have been served by copy. The return is insufficient. The motion must be denied.
Motion denied.