Suggett v. Bank of Kentucky

This is a case of petition and summons, in which it appears that, after the summons had been delivered to the sheriff, and had been partially, perhaps fully, served, the petition and note were consumed in the burning of the clerk’s office in which they were deposited; and that, after a sufficient return of full service to authorize a judgment, against all who were sued, the case being regularly called, and the defendants not appearing, the plaintiff’s counsel was permitted to file a substituted petition; and thereupon, judgment by default, was rendered against the defendants.

The only question…