Windolph v. Joure

Defendants appeal from an order denying their motions to quash service and dismiss, raising as the sole question: “Whether the personal service of summons by a plaintiff on a defendant in a circuit court action in assumpsit is valid?”

“It was admittedly the rule at common law that an interested party could not serve a summons (8 Bacon’s Abridgment, p. 690).” Nevada Cornell Silver Mines, Inc., v. Hankins, 51 Nev. 420 (279 Pac. 27).

In Johnson v. Shurley, 58 Ga. 417, the court announced that, “The law does not trust a party to execute process or to make a return,” citing as authority Flury v.…