Toledo, Logansport & Burlington Railway Co. v. Shively

This was a suit against the appellant, brought in September, 1865, for killing the appellee’s horse by one of its trains, the railroad not being fenced.

The summons was served on a conductor, only fourteen days before the first day of the term. The defendant entering a special appearance for that purpose, upon a showing by affidavit that the principal office of the president of the corporation was without this State, and in the city and State of New York, moved a continuance of the cause. The court overruled the motion and the defendant excepted. Upon a refusal to appear further, the defendant…