Blunt v. A. & P. R. R.

Adams,* Judge,

delivered the opinion of the court.

This was an action commenced before a justice of the peace.

The writ of summons was directed to and served by the sheriff of Webster county. The defendant failed to appear, and a judgment by default was rendered against it. The defendant in due time by its attorney appeared only for the purpose of filing a motion to set aside the judgment by default, on the ground that the justice had no jurisdiction over the defendant, because the process was not legally issued and served.

The justice overruled this motion, and the defendant appealed to the…