Rainwater Furniture Co. v. Blanton

Brailsford, Justice.

This action for the possession of personal property was commenced in magistrate’s court by the service of a summons and affidavit. We learn from the statement of the case that “the two parties appeared before the Magistrate and drew a jury to try the case.” After the jury had been selected, the defendant moved for a dismissal of the action because of a defect in the summons. This motion was granted. On appeal to the circuit court the order of the magistrate was reversed and the case remanded for further proceedings. The co.urt held that “when the defendant appeared…