Deidesheimer v. Brown

Burnett, J., delivered'the opinion of the Court—Terry, C. J., concurring.

Action before Justice’s Court, to recover mining-claim; summons issued and served February 3,1857, returnable February 14. Defendant moved to dismiss the case, because the summons was dated, issued, and served, more than ten days before its return. Motion overruled, and defendant answered. Judgment for defendant, and plaintiff appealed to the County Court. Do*340fendant again moved to dismiss, and motion overruled. Trial upon the merits, and judgment for plaintiffs, and defendant appeals to this Court.

- The motion of the…