Stephens v. Wheeler

Plaintiff in error Stephens attempted to commence an action in the justice court against Wheeler and others, to recover judgment for $75.00, but no summons was issued or served. At the same time he endeavored to sue out a writ of attachment, but the affidavit therefor was unsigned and the undertaking he filed was without sureties. Defendants did not appear and February 7, 1914, a personal judgment was taken against them for the amount prayed. From this judgment an appeal was taken to the County Court, the bond being filed February 9,1914, upon which is the following endorsement: “Approved…