Rattan v. Stone

This was an action of assumpsit, brought by John B. Glover and Caleb Stone against Merrill E. Rattan and James Davis, in the Pike Circuit Court. The summons was made returnable to the fourth day of the April term, 1838, and executed on Rattan alone. At the July term, on motion of the defendant’s attorney, the-Circuit Court ordered the writ to be quashed. The cause was then continued, and an alias summons awarded. The alias summons was executed on James Davis; Merrill E. Rattan not found in the county. At the September term, 1838, judgment was rendered against both of the defendants, for the…