Pettry v. Shinn

Hatcher, Judge :

Petitioner, W. H. Pettry, seeks to prohibit the judgment of a justice against him on the ground that he was not served with summons, and did not appear.

Summons was allegedly served by M. L. Ice, a private person, who made affidavit that he did so. He had not been appointed a special constable. He testified in this proceeding that the summons was left by the constable with him for service; that he informed Pettry there was a paper (the summons) for him in the pocket of a shirt hanging nearby, and that Pettry himself got the paper. Pettry testified that while Ice did refer: him…