Irvine v. Scobee

Opinion op ti-ie Court,

by Ch. J. Boyle.

THIS is a writ of error sued out by the defendant to reverse a judgment for the plaintiff in an action by petition and summons.

The only error relied on, is, that there was no summons served on the defendant in the circuit court, “¡j; being served upon Joseph Irvine, and not upon Samuel Irvine.” In point of fact, this error appears from the original manuscript filed in this case, to be true; but since suing out the writ of error, the sheriff has been permitted by the circuit court to amend his return on the original summons, so as to change the Christian…