8 Blackf. 567 | Ind. | 1848
SUIT commenced before a justice of the peace. The summons was returnable on the 6th of June, 1846, and was served on the 4th of that month. The defendant moved for a dismissal of the suit, on the ground that the service of the summons was insufficient. This motion being overruled, the defendant moved for and obtained a continuance. The cause, on the day to which it was continued, was tried, and judgment rendered for the plaintiff. The defendant appealed to the Circuit Court, and there moved for a dismissal of the suit on the same ground on which his motion to dismiss,