Howell v. Eastburn

Layton, C. J.,

delivering the opinion of the Court:

The plaintiff below sued the defendant in an action of trespass, and judgment was rendered for the plaintiff by default, the defendant not appearing.

By Section 4492, Chapter 121, Revised Code, 1935, the form of summons in ordinary civil actions before a Justice of the Peace is prescribed. This form, in addition to the formal command to the defendant to appear at a certain time and place, requires a general statement of the cause of action “wherein-is demanded”.

In actions of trespass before a Justice of the Peace, the plaintiff, by Section…