Cobb v. York Ice MacHinery Corporation

ANDERSON, Chief Justice.

The original summons was issued by, and returnable to, the Cherokee county circuit court, while the copy served upon the defendant bore the word “Etowah” instead of “Cherokee.” After this, and before the trial, another summons was served on the defendant which conformed to the original and showed the suit to be in Cherokee and not Etowah county. Whether this was regular matters not, as the defendant, upon.the execution of the writ of detinue, executed, a forthcoming bond showing that the proceeding was in Cherokee county. This was equivalent to a personal appearance by…