Rutherford v. Moody
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. 1. A summons may be served by an officer or person authorized by law to serve process. Mansf. Dig. sec. 4037. Thos. E. Ward was not “a party to the action.” Ib. 4975 and clause 3. The practice in circuit • court is followed in justices’ courts. Ib. ch. 91, sec. 4034; 37 Ark. 450; Dig. secs. 4975, 4038. An appointment by the justice was not necessary.
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Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. 1. A summons may be served by an officer or person authorized by law to serve process. Mansf. Dig. sec. 4037. Thos. E. Ward was not “a party to the action.” Ib. 4975 and clause 3. The practice in circuit • court is followed in justices’ courts. Ib. ch. 91, sec. 4034; 37 Ark. 450; Dig. secs. 4975, 4038. An appointment by the justice was not necessary. Ib. sec. 4975. Serving summons by the plaintiff is a mere irregularity, to be taken advantage of bejore judgment—not after. 17 How. 347. 2. But Moody appeared, and…
1Opinion of the CourtHughes, J.
The appellant sued the appellee before a justice of the peace, and the summons issued by the justice was served by the appellant’s attorney. Moody moved to quash the service upon him, because made by appellant’s attorney. The motion was sustained, and thereupon the cause was dismissed as to Moody, who then tendered to the appellant the amount of his debt, which appellant refused to receive, which Moody thereupon paid into court. The appellant appealed to circuit court, where appellee renewed the motion to quash, which was sustained, and he appealed to this court.
i. service of process by…
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