State v. Casler

The opinion of the court was delivered by

Reed, J.

The record discloses that the summons was sued out against two defendants — Charles L. Hulick, the prosecutor, and Charles Smock.

The constable made a return of a personal service on the two defendants, at their place of business in Asbury Park, by reading the same and leaving a true copy thereof. On the return-day of the summons, a motion was made to nonsuit the plaintiff, on the ground that no copy of the summons was served. This motion was refused.

The justice received in evidence a note signed Hulick & Smock, and entered judgment against the…