House v. Universal Crusher Corp.

Keith, P.,

delivered the opinion of the court.

Plaintiff in 'error instituted, in the circuit court of Russell county, an action of trespass on the case against the Universal Crusher Company. Process was issued, returnable to the first November rules, 1912, and the clerk made the following entry upon his rule book:

“1912. 1st November rules. Process executed and continued for declaration. 1912. 2nd November rules. Continued for declaration. 1912. 1st December rules. Dismissed for want of declaration.”

At the ensuing term of the circuit court the plaintiff in error moved the court to be permitted…