Green v. . Chrismon

Is tbe service of a summons on the defendant more than ten days after the date on which it is made returnable sufficient to bring tbe defendant into court, and to render a judgment by default based thereon valid and binding?

Tbe answer to this question must be sought in tbe statutes regulating procedure, as interpreted by this Court. Tbe matter here brought in question arose in a special proceeding. By C. S., 753, it is required tbat special proceedings be commenced by summons, and tbat tbe manner of service shall be tbe same as tbat prescribed for civil actions. It is by this section provided…