Whelan v. Railroad Co.

WilltaMS, Judge:

This writ of error was granted, on defendants petition, to a .judgment of the circuit court of Lewis county for $192.00, rendered against it in favor of plaintiff, in an action for the negligent killing of a horse. The action was- originally brought in a justice’s court, and, after judgment in favor of plaintiff, defendant appealed.

After taking the appeal, defendant moved to dismiss it, on the ground that the transcript from the justice’s docket showed that, on June 23, 1908, that -being the day on -which the summons ■ was" returnable,' neither party to the action appeared,…