Dunn v. Sims

The plaintiff, James H. Sims, recovered a judgment for $5,000 damages against the defendant, Harley L. Dunn, for a personal injury sustained when he was hurt by the defendant while undertaking to execute a capias pro fine against him.

The appellant Dunn assigns as error on this appeal (1) that the trial court erred in overruling his motion to quash the personal service of process on him; (2) in striking a part of the answer of the defendant from the record; and (3) that the verdict of the jury is against the overwhelming weight of the evidence.

The suit was returnable on the first Monday of…