Thompson v. Moore
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY — APPEAL FROM FLEMING CIRCUIT COURT. In the absence of an indorsement on the summons conferring authority, service by a special bailiff is void, and can not be made valid by a subsequent indorsement on the summons. There must be a strict compliance with the statute providing for service of summons by a special bailiff. (Simms, &c., v. Simms, &c., 88 Ily., 642.) It is the right and duty of the sheriff to amend an erroneous return upon process.
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Case 13 — PETITION EQUITY — APPEAL FROM FLEMING CIRCUIT COURT. In the absence of an indorsement on the summons conferring authority, service by a special bailiff is void, and can not be made valid by a subsequent indorsement on the summons. There must be a strict compliance with the statute providing for service of summons by a special bailiff. (Simms, &c., v. Simms, &c., 88 Ily., 642.) It is the right and duty of the sheriff to amend an erroneous return upon process. (Civil Code, secs. 47, 49; Armstrong, &c., v. Easton, 1 B. M., 66; Newton v. Prather, 1 T)uv., 102.)
1Opinion of the Court
JUDGE PRYOR
delivf.red the opinion of the court.
This was an action to enforce a lien upon land, resulting in a judgment by default that is now sought to be set aside for the want of service of process on the defendants. - On the motion to set aside the judgment the officer was allowed to amend his return as to the mode of service on the infant defendants, and it appearing by the amended return that he had delivered a copy to each one of the infants (they being-over fourteen years of age) in time for j udgment, that error in the proceeding was cured.
As to the appellant, Thompson, it appears…
2Cited by7 opinions
- Ramey v. Francis, Day & Co.Court of Appeals of Kentucky · 1916
- Louisville & N. R. R. v. S. D. Chestnut & Bro.Court of Appeals of Kentucky · 1903
- Lutkens v. YoungWashington Supreme Court · 1911
- McComas v. HullCourt of Appeals of Kentucky (pre-1976) · 1940
- Horton v. HortonCourt of Appeals of Kentucky (pre-1976) · 1936
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