Roney v. Dothan Produce Co.

The substantial form of the summons on a complaint is indicated by statute, section 9417, Code of 1923. When the summons is looked to, it is apparent who the respective parties plaintiff and defendant are.

In determining who are the parties to a suit, since the complaint follows the summons on the same paper, and both are served upon the defendant at the same time, the summons may be looked to in connection with the complaint. And where the summons is sufficiently definite as to the respective parties and their capacity, and the relations in which they appear, or are brought before the court,…