Taylor Provision Co. v. Adams Express Co.

The opinion of the court was delivered by

Dixon, J.

In a common law action on contract, brought in the Mercer Circuit Court, the defendant obtained a rule requiring the plaintiff to show cause why the service of summons and declaration should not be set aside. On return' of the rule it was dismissed, and thereupon the defendant sued out a writ of certiorari from the Supreme Court to reverse the dismissal. The Supreme Court, however, on a consideration of the merits of the original rule, affirmed the proceedings in the Circuit Court, and such affirmance is now brought here by writ of error.

The…