Jaworower v. Rovere

Separate motions have been made by two defendants to set aside the service of the summonses. The motions are based upon the fact that the summonses were subscribed by the plaintiff in his own name and it is admitted that he is not an attorney at *378law. The defendants ’ claim is that a plaintiff cannot issue or subscribe a summons and that it must be subscribed by an attorney. Section 417 of the Code of Civil Procedure, which states the requisites of a summons, says: “it must be subscribed by the plaintiff’s attorney.” The plaintiff answers that section' 55 of the Code of Civil Procedure…