Fitch v. Byall

— Isa O. Byall, the appellee, in his verified complaint against Charles B. Fitch, the appellant, showed that in October, 1893, the appellant instituted an action in the court of Michael Taney, a justice of the peace in and for Wayne township, Allen county, Indiana, on two promissory notes; that a summons was issued in said action by said justice of the peace, “as appears from the record of said justice,” te Charles W. Lindsey, commanding him to summon the appellee to appear before said justice on the 25th day of October, 1895, to answer an action brought by the appellant against the appellee,…