Webb v. Mott

Crippen, Justice.

The summons is not in conformity with the provisions of the Code. The complaint which was served on the defendant with the summons, sets up a cause of action *440not arising on contract, but one founded in tort for a malicious .arrest and prosecution of the plaintiff, and claims damages therefor.

Under such a complaint the summons should have contained the notice required by section 129, sub. 2 of the Code. In short there is no doubt but that the summons in this case is irregular and should be set aside, unless the irregularity has been waived or cured by the acts of the defendant…