Everton v. Smith

WICKERSHAM, District Judge.

This is an appeal from the justice’s court in Nome precinct. The plaintiff there began a suit and had personal service upon the defendant on November 29, 1901. The summons commanded the defendant to appear before the justice of the peace at his office in Nome on the 4th day of December, 1901, at the hour of 2 o’clock in the afternoon of said day, and answer the complaint of the plaintiff. The summons further commanded him: “And unless you appear thereto and defend as herein you are required, judgment will be rendered accordingly.” In pursuance to this notice the…