Thomas v. Winters

Thomas sued Winters before a justice of the peace on a book account, and recovered judgment against him by default. Winters appealed to the Circuit Court.

In that Court, on the trial of the cause, Thomas proved by the admission of Winters that the account was correct and justly due to him. Winters proved, that the summons issued by the justice was served upon him out of the township in which it was issued; that he, Winters, resided in the township where it was served, and where the debt was contracted; and that there was an acting and competent justice of the peace in that township at the…