Western Union Telegraph Co. v. Texana Courtney

This action was brought in the circuit court of Hamilton county to recover damages for the negligent and wrongful failure of the plaintiff in error to promptly transmit and deliver a message filed with it by the de-*484fendartt in error for that purpose February 8, 1903. The summons was issued February 19, 1903, and served two days later. It contained no other statement of the plaintiff’s cause of action than that the defendant is required “to answer Texana Courtney in an action to ber damage two thousand dollars” — the usual form of such process.

The declaration, in which the cause of action is…