The process in this case was served on the 28th of December, 1855, and the 'term of the Court to which it was returnable', commenced on the 7th of January following. Excluding the day of service and including the first day of said term, the service was sufficient in point of time. Martin et al. v. Howell et al., at the present term (1).

The judgment is affirmed with 3 per cent, damages