Hignett v. Atchison, T. & S. F. Ry. Co.

OPINION OF THE COURT

BICKLEY, J.

Appellee filed an affidavit in the justice of the peace court alleging that appellant had killed his horse, by reason of which it owed appellee $175. Summons was issued in which the constable was commanded to summon the appellant to answer a civil action more fully described in the attached affidavit, in a plea of damages. The return recites service of the summons on the agent of the appellant, railroad company.

The record shows that tire case was postponed by agreement on three separate occasions; that hearing was had in which evidence was introduced, and…