Radil v. Sawyer

Epperson, C.

On May 24, 1904, the defendant in error recovered a judgment against the plaintiff’s decedent before a justice *144of the peace in a replevin suit. To reverse this judgment the plaintiff procured a transcript, which, with a petition in error, he filed in the office of the clerk of the district court June 3, 1904. Nothing further appears to have been done until on December 5, 1904, the defendant in error filed an objection to the jurisdiction of the court over her person, for the reason that no summons in error was issued nor served within the time provided by law. Later the plaintiff…