Sears, Roebuck & Co. v. Podgorny

Defendant Mary Podgorny moves to dismiss the summons with notice served upon her in this action on the grounds that the summons does not comply with the requirements of rule 45 of the Rules of Civil Practice, as amended. Specifically, the defendant contends that the summons does not state (1) the county where plaintiff resides; (2) the address of the plaintiff; (3) the county which the plaintiff designates as the place of trial.

There is no merit in defendant’s claims as to her points numbered (2) and (3) above. Rule 45 of the Rules of Civil Practice does not require the address of plaintiff…