Cook v. Continental Casualty Co.

Miller, Judge :

This is a writ of error by defendant to the judgment of the circuit court rendered against it in favor of plaintiff upon an appeal by it from the judgment of a justice.

Defendant is a foreign corporation and service of the summons of the justice was had upon it by acceptance of the Auditor only, which of course was sufficient to confer jurisdiction, but for some reason not apparent from the record defendant did not appear before the justice to make defense to the action.

No formal complaint was filed before the justice, but according to the summons plaintiff’s action was for the…