Toledo & Wabash Railway Co. v. Talbert

This cause originated before a justice of the peace. It was a suit against the appellant for an animal killed by one of its trains of cars. The summons was made returnable at-the'end of ten days from the day of its issue, and was served on a conductor on the day of its date. On the return day the defendant, specially appearing only for that purpose, brought to the knowledge of the justice, by affidavit, the fact that the principal office of the railroad company was not in this state, and thereupon moved to set aside the process and service as insufficient, and to dismiss the case. This motion…