McClure-Mabie Lumber Co. v. Brooks

Brannon, Judge:

Brooks brought an action against the McClure-Mabie Lumber Company, before a justice of Randolph County, to recover money due for damages for a wrong, resulting in judgment upon the verdict of a jury; the defendant not appearing. The return of service of the summons being *733bad, on that ground the circuit judge granted the defendant a writ of certiorari. In the circuit court, however, the defective return was amended; and then, on the motion of Brooks the certiorari was dismissed as improvidently awarded, and from the judgment of dismissal the company obtained this writ of error.

Br…