Boyle v. Tolen

■ This was an appeal from a justice of the peace. The only, point presented for our consideration is the sufficiency of the proof of service of notice of appeal.

On the back of the notice was indorsed the following return: “I hereby certify that I have served the within notice, by delivering a true copy of the within notice to the within named plaintiff, Thomas Boyle; this 22d day of October, 1878. C. E. Pourcely, Constable 1st Dist., City of St. Louis.”

The statute provides that the notice of appeal may be served in like manner as an original writ of summons. Wag. Stats. 850, sect. 21, An…