
    Blue et al. v. McCorkle.
    Argued October 31,
    Decided November 29, 1899.
    Complaint. Before Judge Spence. Marion superior court. April term, 1899.
    
      Simeon Blue, for plaintiffs in error.
    
      W. D. Crawford, contra.
   Simmons, C. J.

1. A summons issued for the purpose of instituting, an action in a justice’s court need not bear date -twenty days before the time of trial; for section 4118 of the Civil Code distinctly declares that such a summons shall bear date fifteen days before such time.

2. The bill of exceptions in this case is so palpably without merit there , can be no reasonable conclusion except that it was sued out for the purpose of delay only; accordingly damages are awarded against the plaintiff in error.

Judgment affirmed, with damages.

All the Justices concurring.  