Lindley v. Kregelo

— This is a suit on account by the appellee against the appellant, John H. Lindley, and one Melville E. Heiner. The suit was commenced in the Marion Superior Court, and service had upon the defendant Heiner in Marion county, Heiner being at the time a resident of the city of Chicago, Illinois, and a summons was issued and sent to Parke county, and the appellant Lindley served the day following the service on Heiner.

The defendant Lindley answered, alleging that neither he *177nor his co-defendant resided in Marion county, Indiana, nor did either reside there at the commencement of this action;…