Boulware v. Chicago & Alton Railroad

Action brought before a justice of the peace for killing a cow at a public road crossing. Defendant made no appearance on the day the cause was set for trial, and judgment by default was entered. Afterward the defendant appeared and moved to set aside the judgment by default and for a new trial, which motion being overruled appeal was taken to the circuit court- where defendant hied a special motion to dismiss, based on the grounds of the insufficiency of the summons and of the service of the summons, and because there was no service of the summons. This motion was overruled and thereupon the…