Breen v. Kuhn

I. The facts in this case are that plaintiff commenced an action before a justice of the peace, against defendant. An original notice was issued, and placed in the officer’s hands for service. He made duo and proper service of it, except that in the copy which he gave the defendant he spelled the defendant’s name“Huhn” instead of “Kuhn.” His return showed proper service on defendant by the correct name. On; the return day, defendant not appearing, judgment was rendered by the justice against him. Within the-time allowed by law, defendant appeared, and filed a-motion and affidavit to set…