Lymburner v. Jenkinson

This case originated in justice’s court, and was begun by , summons, which was returned personally served. The defendant did not appear on the return-day, and the plaintiff proved his case and took 'judgment. The defendant took a special appeal to the circuit court, and assigned in Ms affidavit as reason therefor that the officer’s return of personal service was false ; that “ the only service made of said summons by the constable who had returned the same was made by leaving with the clerk of deponent at deponent’s office, in the absence of deponent, what purported to be a copy of summons in…