Burns v. Allen

Alexander, J.,

delivered tbe opinion of tbe court.

Allen brought suit in ejectment against Burns and procured judgment by default. Error is assigned that tbe summons, although served personally upon Burns, did not comply with asserted requirements of Code 1942, Section 789, which state that in ejectment cases “ Declarations, writs, and pleas in tbe form or to tbe effect of tbe precedents appended .hereto, shall be good and sufficient for all purposes in proceedings under this chapter.’'’ Section 791 provides a form of summons which .adds to the ordinary writ at law, tbe following ££to answer…