Barnsback v. T. H. Mastin & Co.

Defendant in error brought an action in assumpsit in the circuit court of Madison county against plaintiff in error and one Charles H. Hanger. The declaration contains the common counts only. Process was issued and was served on Charles H. Hanger personally and the sheriff’s return as to service on plaintiff in error is as follows:

“I have duly served the within writ upon T. H. Mastín & Co. and by delivering a true copy hereof to Robert S. Davis, agent for said company, the president, secretary or treasurer of said T. H. Mastín & Co. not found in my county, as I am therein commanded, this the…