The Pacific Reporter Volume 114

The Pacific Reporter Volume 114

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ... filed his petition in that court and caused a summons to be issued thereon. 1 A special appearance was made, and a motion filed to quash the summons and the return thereof, on several different grounds; the only serious one, however, being that the return was signed by the deputy sheriff, who served it, without the addition of the name of the sheriff. In other words, the return was made by the deputy in his own name, instead of in the name of the sheriff. The court, on considering this objection, overruled it, and this is one of the grounds upon which reversal of the judgment rendered is urged. The statute specifies no form for the return on a summons, and the decisions of the courts do not present a harmonious front on this proposition; some of the courts holding that the return is void, and no evidence whatsoever of service, while others hold that such a return is valid, but all agree that It is subject to amendment, and notwithstanding the fact that the original return is made In the name of the deputy, still, when the sufficiency thereof is challenged, that he may then supply by amendment, the name of his principal. Alderson on Judicial Writs and Process, 192. Among the purposes and objects to be attained by a summons is the investment of a court with jurisdiction over the person served, and to acquaint him with the fact that there is an action pending against him in a certain court. Its character.and nature, aud generally the judgment which will be taken against him, should he make default, and we confess that we are unable to see much substance in a special appearance made by a defendant, who enters court in response to such a writ, thereby showing that at least he has had notice, and challenges the jurisdiction of the court..."show more

Product details

  • Paperback
  • 189 x 246 x 58mm | 2,046g
  • United States
  • English
  • black & white illustrations
  • 1236751884
  • 9781236751881