Vogler v. Ireland

Hatcher, Judge:

On August 8, 1939, a summons in an action at law was issued returnable to September Rules. The summons was returned unexecuted. An alias summons was issued, returnable to October Rules, which also was returned unex-ecuted. On the first day of November Rules two pluries summonses were issued, one returnable that day, which was returned unexecuted, the other returnable to December Rules, which was executed. The defendant filed a timely plea in abatement reciting the facts and alleging that because of the failure of plaintiff to have issued a pluries summons at October Rules, his…