O'Briant v. H. C. Bennett & Gibson Ice Cream Co.

Facts: It is contended by plaintiff that this is an attempted appeal by defendants from an order entered by Williams, judge, allowing complaint to be filed by plaintiff. Plaintiff caused to be issued summons on 6 July, 1937, from Lee Superior Court to Guilford County, and the same was served on defendants. Complaint was not filed until 4 August, 1937. Copies were furnished defendants. On 13 August, 1937, defendants caused summons to issue against plaintiff from Guil-ford County and filed complaint and caused same to be served in Lee County for precisely the same cause of action but additional…