Smith v. Freshwater

This is an error proceeding. The parties to this case stand here in the same relation to each other as in the court below.

The plaintiff, John H. Smith, brought suit in the common pleas court of this county against the defendants, claiming damages from them in the sum of $5,000, as the result of injuries and damages to a vein of coal belonging to plaintiff. Summons was issued for all of the defendants, but was only served upon two of them. The defendants George Freshwater, Lee Freshwater, Philip Freshwater, Milton *336Fréshwater and Elmer Freshwater were not served with summons. Their attorney…