Union Mutual Fire Insurance v. Page

Champlin, J..Plaintiff commenced suit against defendant in justice’s court by summons directed “to any constable of said county, or other competent person.”

The summons - was served by N. Ii. Coleman, who does not appear to have been a constable, who made affidavit of service. No authorization or authority for him to serve the summons was. indorsed on the writ.

The defendant appeared specially, and objected to the jurisdiction, among other reasons, because the person who served the summons in the cause was at the time of such service interested in the result of the suit; and, in support of the…