New Albany & Salem Railroad v. Combs

Combs sued the company before a justice of the peace, for killing stock, and had judgment by default. The company appealed to the Circuit Court, where the plaintiff also had judgment. The cause is brought here on a bill of exceptions only, under the provisions of § 347 of the code.

The bill shows that on the third day of the term, the company, by their attorney, as a friend to the Court, “moved to dismiss the cause for the want of sufficient return of service upon the defendants in the Court below; whereupon the plaintiff, by his attorney, moved the Court for a rule against the constable, to…