State ex rel. Smith v. Parker

The opinion of the court was delivered by

Hoyt. C. J.

Relators brought an action to recover possession of certain premises under the forcible entry and detainer act of March 7, 1891. Upon the filing of the complaint a summons was issued by the attorneys for the plaintiffs in accordance with the provis*686ions of the practice act of 1893, excepting that the defendant was required to answer -.on a day certain eight days from the date of the summons. This summons was duly served on the day of its issue. Upon the return day the plaintiffs appeared and the defendant, by his attorney, filed a motion to…