A. M. White & Co. v. Freese

The plaintiffs filed their petition on December 8, 1869, without verification. Sum.mo.ns was issued and served the same day. On December 10,1869, plaintiffs moved for leave to add verification to the petition, which motion was granted. A new petition, properly verified, was filed December 27,1869, but no new summons was issued. The defendant now moves to set aside the service of summons as irregular, and appears for that purpose only. There is no other appearance; and it has become important to determine the motion.

If the defendant had demurred, on the ground that the court had no…