Maggio v. Ocean View Cemetery

The plaintiff, as assignee, sought to recover wages upon a contract for work, labor and services per*681formed, and damages for a breach. From the judgment rendered in favor of the defendants the plaintiff appeals, and, among other objections, raises the question of jurisdiction of the court below to render this judgment. The return made by the clerk recites that the cause was tried on February 28, 1905, as also that the summons was issued on October 8, 1905. Where there is palpable mistake, the record must prevail, and the record herein discloses that the case was closed and decision reserved on…