McIntyre v. Austin

The appellant contends a plaintiff cannot obtain a valid ■alias or pluries summons without first applying for and obtaining an order directing the issuance of such writ.

Chapter 66, Public Laws of 1927, required the Clerk of the Superior Court to issue an alias or pluries summons within three days after the ■“return of a summons unserved for want of time to make service, as to any defendant or defendants not served.” The imposition of this duty -on the Clerks of our Superior Courts was eliminated by the repeal of this provision in the statute by the enactment of Chapter 237 of the Public Laws…