Sidener v. Coons

Morris, C.

The appellee, as administrator of the estate ■of George W. Smith, filed his petition in the Montgomery Circuit Court, alleging that on the 3d day of October, 1871, being the second juridical day of the October term, 1871, of the court of common pleas of Montgomery county, he obtained a judgment in said court by default on a certain promissory note against Joshua D. Smith and James B. Sidener; that a summons in said cause was served on the defendants therein on the 22d day of Septembei’, 1871, and that, by a mistake in calculating the sum of money then due on said ¡note, and by a…