Shaw & Morehouse v. Moser

By the Court,

Johnson, J.

This was an action of assumpsit originally tried before a Justice of the Peace. The plaintiffs in error, who were the defendants below, did not appear before the Justice, and judgment was rendered against them.

'Shaw, one of the defendants below, appealed to the County Court, and one of the special causés of appeal set out in his affidavit, was that the J ustice below acquired no jurisdiction over the defendánfs by reason of the insufficiency of the re^ turn of the constable upon the original summons, which said return was in the following language, viz: “Personally…