HAYS, ET AL. v. THE BANK OF THE UNITED STATES, 1 Ohio Ch. 563

Lane, J. The law (29 O. L. IT?) requires a summons to be served either personally, or by copy left at the defendant's usual place of abode.' The-leaving a copy of the writ, at- the store of a defendant,, is not a compliance with the law. In this case, there has been no-appearance to cure-the defect of service.

We cannot notice the©ther error complained1 o-f,. the record- presents the writ as against Roswell, and a declaration following it; the words sued by the-name 'of Ralph must be rejected as surplusage.- If there be error in reference to this, it is not apparent on the record; but of fact dehors, which cannot be assigned with an error in law. The first error requires of us to reverse the judgment with costs, as- ift regards the endorsers.