Primm v. Mathis

Felton, J..

On February 16, 1937, J. P. Primm instituted bail-trover proceedings against E. E. Matbis for the recovery of certain described property. On December 22, 1937, Mathis filed a petition in the superior court, alleging and praying substantially as follows: That on the 16th day of February, 1937, J. P. Primm filed a bail-trover suit in the city court of Floyd County to recover certain property; that said suit was abandoned by Primm and no service was ever made and no action had thereon, yet, nevertheless, Primm proceeded to “mark in default on the docket in said court at the regular…