Montgomery v. Economy Fuel Co.

Sanders, President:

This is a writ of error to a judgment of the circuit court of Fayette county, rendered’ in an action of unlawful entry and detainer, brought by J. C. Montgomery and others against the Economy^ Fuel Company. The summons was made returnable to the sixth day of September term, 1904, the same being the 26th day of the September of that year, and the defendant moved to quash the writ upon the ground that it should have been made returnable to the first day of the term, but the motion was overruled, and this ruling of the court is assigned as error. Our statute, chapter 89, Code,…