Civil Procedure Keyed to Cound
Tickle v. Barton
Tickle, Plaintiff, sued Barton, Defendant, for trespass on the case. Plaintiff made a first attempt to serve Defendant, the validity of which was still pending. Plaintiff’s attorney procured an alias summons. Defendant was indisputably served with this summons by the local sheriff. Defendant, however, filed a plea in abatement, alleging that Plaintiff’s attorney called Defendant and lured him to the location where he was served by informing him that a party would occur there. Defendant alleged that he would not have gone to that location if he knew he was speaking to Plaintiff’s attorney and that the purpose of inviting him to the party was to serve him with process. Plaintiff filed a demurrer to the plea, which the circuit court overruled. Plaintiff appealed.
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