Judges: PER CURIAM. —
Attorneys: McCaskill McCaskill, for Plaintiff in Error;
Worley Worley, for Defendant in Error.
Filed: Mar. 18, 1930
Latest Update: Mar. 02, 2020
Summary: Summons issued on April 26, 1924, pursuant to praecipe filed by plaintiff, defendant in error here, naming the "Eli Witt Cigar Company, a corporation," defendant. John M. Carlisle, being personally served with process, appeared "specially," and on June 2, 1924, moved to quash process upon the ground that he had no connection with the party named as defendant. Without any action on or apparent attention to the motion to quash, plaintiff, on July 7, 1924, filed his declaration for personal damages
Summary: Summons issued on April 26, 1924, pursuant to praecipe filed by plaintiff, defendant in error here, naming the "Eli Witt Cigar Company, a corporation," defendant. John M. Carlisle, being personally served with process, appeared "specially," and on June 2, 1924, moved to quash process upon the ground that he had no connection with the party named as defendant. Without any action on or apparent attention to the motion to quash, plaintiff, on July 7, 1924, filed his declaration for personal damages ..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the order of the circuit court denying the motion to set aside the judgment and open default be, and the same is hereby, reversed.
TERRELL, C. J., AND WHITFIELD, ELLIS, STRUM, BROWN AND BUFORD, J. J., concur.
