Chilhowie Lumber Co. v. J. C. & W. B. Lance & Co.

PoiíTENBARGER, JüDGE:

On the 9th day of October, 1899, the Chilhowie Lumber Company, a corporation organized and existing under the laws of the State of Virginia, sued out of the clerk’s office of the circuit court of Mingo County a summons and an order of attachment with bond, in an action of assumpsit against J. C. Lance and W. B. Lance, partners' doing business as J. C. & W. B. Lance & Co. The summons was made returnable to November rules, 1899, but at the return day of the summons the clerk entered the following memorandum: “Papers lost at this time.” On the 10th day of Jan., 1900, the…