Kingsley v. Daniels

Opinion op the Court by

Judge Hannah

Affirming-.

On April 24, 1912, appellant, John H. Kingsley instituted in the Daviess Circuit Court, an action against J. P. Daniels, to recover the sum of $1,121.71, for commissions claimed to be due him on sale of lumber and other property, made by him for said Daniels, and damages for breach of an alleged contract of employment. Dan*195iels was a resident of McLean County; but service of process was had upon him in Daviess County on the day said action was filed. Judgment by default went against the defendant; the plaintiff dismissing without prejudice his…