President of the Ohio & Mississippi Railroad v. Quier

^ Quter sued, the company before a justice of the peace, for killing stock. Process was served on the defendant ten days before the return day, by “ certified copy, on John Holland, conductor of freight train.” The defendant failed to appear before the justice, and, after hearing testimony, the justice rendered judgment for the plaintiff. The defendant appealed to the Common Pleas, and there moved to dismiss the action, for these reasons:

“ 1. The process of summons was not served thirty days prior to the day of trial before the justice, but only ten 'days; the principal office of said company…