Kinkade v. Myers

This was an action brought in a justice's court to recover money. After judgment therein, a writ of review was sued out in the circuit court, which resulted in the affirmance of such judgment and the dismissal of the writ.

The case involves but one question for our determination. Briefly, the facts are these: It is admitted that the service of the summons and complaint, as shown by the constable’s return, was insufficient to authorize the court *471to render judgment against the defendant, if he had not appeared in the action. The record discloses that he appeared specially and only for the…