Larrisch v. Schaefer

Decision of

Judd, J.,

on Motion.

Defendant’s counsel moves to dismiss the summons on the ground that it does not apprise the defendant what the plaintiff seeks — that is, it asks for nothing. Plaintiff’s counsel contends that as the summons issues from the Police Justice, upon an oral complaint, he is not responsible for its defects; and as this case is appealed on the merits, this motion is too late.

I am of the opinion that if the plaintiff files a written complaint, the summons issued by the magistrate need only recite that the plaintiff claims as by the annexed complaint; but if the summons…