Varner v. Barrett

There was reversible error in ■ granting the motion to quash the summons issued in the cause of W. A. Varner and F. E. Gandy v. R. C. Barrett.

The summons was to “R. C. Barrett to appear * * * to answer, plead or demur to the complaint hereto annexed of W. W. Varner and F. E. Gandy,” issued under the h^nd of the clerk and followed on the same paper the “complaint” in two counts signed by the firm name as “attorneys for plaintiff.” This was sufficient' compliance with section 5296 of the Code to authorize the clerk to issue the summons to the sheriff for the defendant. Code, § 5296; 4 Ency.…