Howell v. Shepard

Tliis litigation originated in justice’s court, upon a small claim which became due July 25, 1873. Summons was taken out July 24, 1879, but was returned not found. Successive writs were then taken out, until September 13, 1879, when personal service was obtained, and the defendant appeared and pleaded to the action. The plea was the general issue, with notice that defendant would rely upon the statute of limitations. This notice presents the principal question in the case. The justice gave judgment for the plaintiff,' and on certiorari the circuit court affirmed it.

The question divides itself…