Smith v. Stinnett

This was an action originally commenced before a justice of the peace in the name of King Stinnett against Cyrus T. Smith and W. ' W. Rankin. The summons was dated on the third and returnable on the 10th day of.March, 1836 — the service on the defendant was clearly insufficient, but a judgment was given by a justice of the peace in favor of King Stinnett against the defendant on the 9th day of March, 1836 — without any appearance having been entered by them; from which the defendant Smith prayed an appeal, and an entry was thereupon made by the justice of the peace on his docket, as follows:…