Marooney v. McKay
Multnomah County Circuit Court, Oregon
The plaintiff obtained judgment before a justice of the peace in an action for work and labor, and tbe case comes into this court upon a writ of review on petition of tbe defendant. In tbe return on tbe summons tbe constable gives bis official title, “constable of Couch precinct,” without naming tbe county. \ The complaint was in writing, was certified by the j astice of the peace only.
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The plaintiff obtained judgment before a justice of the peace in an action for work and labor, and tbe case comes into this court upon a writ of review on petition of tbe defendant. In tbe return on tbe summons tbe constable gives bis official title, “constable of Couch precinct,” without naming tbe county. \ The complaint was in writing, was certified by the j astice of the peace only. The petitioner claims that he was not duly served with summons in the action, and that the justice failed to acquire jurisdiction, in this: 1st. The record does not show that the summons was served by a…
1Opinion of the Court
By the Court,
Upton, J.
It is shown on the summons that the court is held in Couch precinct, in Multnomah County. The summons and return being read as one instrument show in what county, as well as precinct, the constable held office.
The point in regard to certifying to the copy of complaint in a justice’s court, raises a question of practice which appears not to have been decided. The general practice act requires that the copy of the complaint, served with the summons, should be certified “by the plaintiff, his agent or attorney, or by the county clerk; ” and the act regulating the practice…
2Cited by1 opinion
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