Kyle v. Ohio River Railroad

Brannon, President:

E. Kyle brought an action against the Ohio Biver Bailroad Company before a justice of Cabell County, which went by appeal to the circuit court, and in that court the plaintiff recovered upon the verdict of a jury, a judgment against said company, and said company has brought the ease to this Court.

One objection to the judgment made by the company is that the court refused to sustain a motion to quash the return of service of the summons because of defect therein. The company did not appear before the justice, but the record shows by several orders entered at different times…