Beck v. Voncannon

The challenged summons was issued by Yera Maie Uzzell, Deputy Clerk, in her own name, instead of in the name of her principal. The crucial question thus presented is: Does this want of proper signature amount to a failure to comply witb tbe requirements of due process so as to make the summons ineffectual to confer jurisdiction and render the whole proceeding void and of no effect, or is the omission a mere nonjurisdictional irregularity, subject to amendment?

Clerks of the Superior Court are authorized by statute to appoint deputies. Chap. 115, Sec. 86, Laws of 1777, now codified in amended…