Wood v. Callaway

A justice’s court summons was sued out against Callaway, and the constable returned the summons with an entry thereon that he had served a copy thereof upon the defendant personally. The defendant not having appeared, judgment was entered against him. During the pendency of a garnishment which had been issued on the judgment, the defendant made an affidavit traversing the return of service. When the issue made by the traverse came on for a hearing before a jury in the justice’s court on appeal, the constable amended his return of service as follows: “I served R. C.'Callaway by serving him at…