Stevens v. Harris

This case originated in justice’s court, and was removed to the circuit by special appeal. At the circuit the special appeal was brought on to be heard, and the circuit judge held that the justice never obtained jurisdiction, and dismissed the case.

The affidavit for special appeal presented two points, which we quote:

*232“ 1. That the said justice erred in holding that the return of the officer to the summons was a good return, against the objections of defendants’ counsel.

“2. That the said justice erred in holding that the declaration of the plaintiff was sufficient, under the law, against the…