Smith v. D'Lashmutt

McGirk* J.

delivered the opinion of the court.

D’Lashmutt brought a bill in chancery in the circuit court o'f New Madrid county to stay proceedings at law before a justice of the peace and to obtain an appeal. The bill states that the complainant was administrator of the effects of one D’Lashmutl deceased, and that he im-ployedone Smith as a lawyer to transact business for him as administrator. That the complainant at the time of Kess being served on him was in New Madrid but then in Cape Giradeau county some 60 miles from the place of trial, that he then employed on.e Delaroderie. to attend to…