Cairo & Vincennes Railroad v. Joiner

The only error assigned upon this record is, that the court below erred in rendering judgment by default against appellant, without proper service of process.

The return upon the writ is as follows:

“ I have duly served the within summons by reading the same to G. B. Eaum, attorney for the Cairo and Vincennes Eailroad Co., and S. B. Church, station agent of said company, the president and secretary of said company not being residents of this county.

James A. Rice, Sheriff.

This 24th day of October, 1873.”

This was clearly defective, and insufficient to give the court jurisdiction.

The 4th section…