Eldredge v. McNulty

Griswold, County J.

The plaintiff appeared in person upon the joining of issue and trial of the cause before the justice. The defendant did not appear in person. The constable who served the summons in the. action for the plaintiff appeared and advocated the cause for the defendant on the trial without proof of his authority from the defendant and without objection from the plaintiff. The defendant now appeals, and alleges this for error under section 42, article 3, title 4, chap. 2, part 3, of the Revised Statutes, providing “ that the constable serving the original or jury process should not…