Epstein v. Prosser

The summons in this action was issued on the 28th day of December, 1907, returnable January 7, 1907, and was personally served on the defendant on the 20th day of December, 1907, as appears by the return of the constable on the original summons. The principal ground relied upon by the appellant is the error in the year in which the summons was made returnable, the year in the summons being 1907, when it should have been 1908. It was the intention of the justice to make the summons returnable before him on January 7, 1908, indeed, he states in the return that he did make it so, but the…