Searles v. Averhoff

This action was brought by the plaintiff against the defendant, before a justice of the peace of Franklin county, upon a promissory note, to recover the sum of $66.65 and *669interest. A summons was duly issued and served on the defendant, requiring him to appear before said justice on December 17, 1887, at 10 o’clock A. M. At the time stated in the return of the summons the plaintiff appeared, but the defendant did not appear. The justice thereupon waited one hour, standard time, and rendered judgment by default against the defendant. Before 11 o’clock A. M., common time, the defendant appeared…