Legal Opinion

Smith v. Candle Creek Dredging Co.

District Court, D. Alaska

Decided July 19, 1924No. Nos. 2937, 2938Published

1Opinion of the Court

EOMEN, District Judge.

The return of the United States Marshal shows personal service upon said defendants; but, assuming the facts stated in said affidavit to be true, we do not regard the omission to indicate, by a scroll, that the original summons was under seal, as fatal to the service.

Section 1562 of the Compiled Daws of Alaska provides that the clerk of the district court, among his enumerated powers, shall keep the seal of the court and “affix it in all cases where he is required by law.”

Section 875, Compiled Laws of Alaska, defines the requisites of the summons; but attaching the seal…

2Cases cited3 opinions

  1. Peters v. CrittendenTexas Supreme Court · 1852
  2. Irions v. Keystone Manufacturing Co.Supreme Court of Iowa · 1883
  3. Hughes v. OsbornIndiana Supreme Court · 1873

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