Slivka v. Mroczka

Harrington, J.,

delivering the opinion of the court:

The defendants in the judgment above referred to contend that the proceedings were erroneous because it not only does not affirmatively appear that the affidavit, upon which the forthwith summons was issued, was made before the issuance of such summons, but it also appears that the date of the summons precedes that of the affidavit. Section 4006, Rev. Code 1915, provides:

“The writ of summons shall be issued by the justice * * * dated on the day it is issued, and directed to any constable of the county * * *; and may be forthwith, if the…