Stewart v. Bodley

Opinion by

Green, C.:

On the 21st day of May, 1886, William M. Duncan sued E. J. Stewart before A. R. Blackburn, a justice of the peace of Harper county, to recover the sum of $58 for services rendered. The justice of the peace issued a summons, which was regular upon its .face, and delivered it to C. M. Bodley, a constable. The summons was returned with the indorsement that service had been made by a copy left at the residence of the defendant. On the return-day the defendant made no appearance, and judgment was rendered in favor of the plaintiff for the amount claimed. On the following day an…