Wilkes v. Silverthorn

This is an action originally brought in the justice peace court by John U. Silverthorn against J. -L. .Wilkes and the National Loan Company, for usury. The loan company appeared specially and presented two motions, one to quash service of summons because there was no allegation that the loan company was a trust or unincorporated association, and for this reason that serving “J. L. Wilkes, owner,” did not constitute service; the second motion was to dismiss for lack of jurisdiction over the defendant, for the reason that there was no legal entity before the court against whom judgment could be…