59 Neb. 330 | Neb. | 1899
In this action, instituted in the county court of Red Willow county September 3, 1894, judgment was demanded for plaintiff, now plaintiff in error, for the amount alleged to be due upon a negotiable promissory note in the principal sum of $60. The suit is against the payor, or maker of the note, and one “Tom Hayden,” who had indorsed it. The latter was served with process in the county in which the action was' commenced, and the former in Dawson county. There was no appearance for the defendants, and judgment on default was rendered against them October 10,1894. October 7,1895, the cause was removed to the district court of Red Willow county by an error proceeding on behalf of J. A. Cummins, and, on hearing, the judgment was reversed. The case is presented by plaintiff for review in this court of the judgment of reversal of the adjudication of the county court. The questions raised by the petitio'n in error, and upon which no doubt the deci ion of the district court was predicated, were of the power of the county court of Red Willow county to issue a summons for service upon Cummins in Dawson county, of the authority of the said county court to direct the summons to the “sheriff or any constable of Dawson county”; also, that the summons sent to Dawson county was fatally defective, in that it did not contain the names of all the parties defendants in the action. It is now urged, in addition to the foregoing, that the bill of particulars did not state a cause of action. In an action brought by J. A. Cummins in the district court of Dawson county against Henry Hobson, as sheriff of
Judgment accordingly.