Hulett v. Nugent

This was an action for the unlawful detainer by defendant of eighty acres of land belonging to plaintiff, brought on the 12th day. of November, 1875. The summons required the defendant to “ appear before the undersigned justice of the peace, within and for said county of Clark, aj; Peaksville, in said county on, &c.” A judgment by default was rendered by the j ustice, after which the defendant made a motion to set it aside, which was overruled. Appeal was taken to the circuit court, where the defendant appeared, but, as he says, only for the purpose of making a motion to dismiss, which he did…