Gadsby v. Stimer

Gadsby sued Stimer before a justice, D. G. Palmer, of Jackson county. The summons was dated November 13, 2880, directed to any constable of *261the county. The following indorsement was put upon it:

“1 hereby appoint Jotham Bryant to serve the within summons. D. G-. Palmer, Justice of the Peace.”

No showing appears in the justice’s proceedings to support the appointment of Bryant, as to age or lack of interest; and it does not appear from the indorsement, or otherwise, that he was appointed on plaintiff’s request. Defendant appeared specially, and objected to the jurisdiction for want of authority…