Halifax,

April Term, 1796.

In Equity.

#### JONES’s EXECUTORS versus STOKES.

Injuction bill.

THE defendant pleaded in this case that the process &c. had not been served on him ten days before court, as the act of Assembly directs; but it appearing that it had never been served upon him at anytime: 1782, 11, 432.

The court,

Haywood, J. and Stone,J.

ordered the plea to be overruled: because the act only gives the advantage to the defendant for an illegal service, but not when there is no service at all.