McNeal v. Mayor of Gloucester City

The opinion of the court was delivered by

Reed, J.

This action is against a municipal corporation-incorporated as a city.

The service of the summons was made six days before the-return day named therein. The motion to set aside the service is made upon the ground that a city cannot be brought into court by a six days’ service. The service was obviously-made upon the notion that the service which is provided for in section 49 of the Practice act {Rev., p. 855), in cases of actions against persons, applies also to actions against municipal corporations. But the directions contained in section 49…