Lutz v. Davidson Cycle Co.

This case was commenced by attachment in justice’s court. Defendant appeared specially, and moved. to dismiss the case because of defective service of the writ. Its motion was granted. The case was removed by a general appeal to the circuit court by the plaintiff. In the circuit court the defendant renewed the motion made in justice’s court, which motiomwas overruled, and judgment rendered in favor of plaintiff. The case is brought here by defendant, which insists its motion should prevail for the following reasons:

1. That the return of service in this case is defective, because the writ was…