Hanie v. . Penland

The cause of .action alleged in tbe complaint was for wrongful death of Garfield Hanie, plaintiff’s intestate, by virtue of tbe negligence of Joe Eice, a special deputy of defendant Penland, sheriff of Buncombe County.. Tbe plaintiff offered in evidence tbe summons in tbe action, issued 8 March, 1926, and served on tbe defendants on 9 and 12 March, 1926. It further appears from tbe record that plaintiff’s intestate was killed on 7 April, 1924. It does not appear from tbe record that there was any evidence whatever offered tending to show that tbe suit for wrongful death of plaintiff’s,…