Strine v. Kingsbaker

Maxwell, Ch. J.

On the 6th day of August, 1880, the defendants in error commenced an action against the plaintiff, before a justice of the peace, to recover the sum of $100.00upon a draft alleged to have been accepted by said plaintiff. A summons was issued returnable August 9th at 9 o’clock a. m., and was duly served. No appearance was made by the plaintiff in error at the time the summons was returnable and judgment was rendered against him by default, and an execution thereupon issued on said judgment. This execution seems to have been levied on property of the plaintiff in error, as there…