MavcK.lO.
Marshall, Ch. J.delivered the opiniott of the court to the following effect:
The writ being returnable to the court, is returnable the- first day of the court, It was known to-the legislature of Virginia that the appearance day for •all process Was the day after the term,, When, therefore, they directed that a trial should he ha$. at'the return term,; they must have intended that this case should be an exception to the general rule.
| udgmeiit. affirmed.