Calender v. Olcott

By the court,

Miles, J.

The errora assigned are,

First: That the summons by which the suit was commenced, was not signed by the cleric as required by the statute, R. S. 1838, p. 417 sec. 1; and,

Second: That the return of service upon the writ was not made by the sheriff!

The signature to the writ is in these words, “ Walter Martin, deputy cleric, and in the absence of the cleric.”

There was no appearance by the defendant in the circuit court: and it is now insisted, that the process and the return are both void, and, therefore, that that court proceeded without haring acquired jurisdiction of the…