Gilson v. Kuenert
South Dakota Supreme Court
Appeal from circuit court, Clark .county. Hon. Julian Bennett, Judge. Action by T. R. Gilson and another against Joseph Kuenert. Judgment for defendant. Plaintiffs appeal. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
An unofficial person under the age of 21 years served the summons on the defendant in this action, and plaintiffs appeal from an order of the circuit court affirming the action of a justice of the peace in dismissing the case for the want of jurisdiction.
While without express limitation, Section 4899 of the Compiled Laws provides that “the summons may be served by the sheriff of the county where the defendant may be found, or by any other person not a party to the action,” the legislature never intended to authorize such service by one who may avoid liability on account of infancy. In the…
2Cases cited1 opinion
- Vail v. RowellSupreme Court of Vermont · 1880