Humphreys v. Rodgers

Defendant in error brought suit, and obtained a judgment against plaintiffs in error, before a justice of the peace in Wayne county. Plaintiff in error Musgroves, alone appealed to the circuit court of that county. At the March term of the circuit court 1880, the cause was continued for service on Humphreys, who had not joined in the appeal. Ho writ was issued, or service had upon Humphreys, and at the October term, A. D. 1880, of the said circuit court, the following order was entered in said cause: “And now on this eighth day, came the plaintiff, and the defendants, being the appellants…