Simpkins v. White

Bkanhoh, Judge:

This was an action of unlawful detainer begun before a justice, and appealed to the Circuit Court, ending in a judgment for Simpkins against White and Caudle. One question is whether the summons was good against the motion to quash it. The defect is alleged to be in its omission of the words “unlawfully withholding.” Code, 1891, c. 50, s. 212, says that the summons shall require the defendant “to answer the action of the plaintiff for unlawfully withholding from the plaintiff the premises.” The present summons requires the defendants “to answer the complaint of Joseph tíimpkins…