Town of Camden ex rel. Mollohan v. O'Brien

I dissent from the Courts conclusion embraced in point ten of the syllabus.

The Court in its opinion held that the summons commencing an action of debt, with no amount shown on the summons, was not void, and could be amended. I agree *807with that conclusion, though the authority for such holding is somewhat nebulous, and the failure to specify the amount due on the summons is a serious defect.

The Court, in point ten of the syllabus concludes that the process was void for the reason that the writ of summons was returnable before the Circuit Court of Webster County “at rules to be held by said…