Rogers v. McCord-collins Mercantile Co.

Opinion of the court by

Pancoast, J.:

This action was brought in tbe probate court of Lincoln county to recover the sum of $127.50. Summons was regularly issued and was served on the 84th day of November, 1904, by leaving a certificate copy thereof, with the endorsements thereon, at defendant’s usual place of residence. On the 5th day of June, 1905, the plaintiff appeared specially and moved to quash and set aside the summons and service thereof, for the reason the defendant was not at the time of service a resident of the county or territory. Evidence was introduced upon this motion, and…