Heilemann v. Clowney
Supreme Court of New Jersey
Oil rule to show cause wliv service of summons should not be set aside and cross-motion to permit issue and servid' of new summons.
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
Tbe requirement of the statute of 1903 was that a copy of tlie summons “shall be served oil the defendant in person at least two days before its return or left at his usual place of abode at least six days before its return.” Practice, act 1903, § 52; Comp. Stat., p. 4067. By an amendment *88of 1912 (Pamph. L., p. 468), no doubt, in view of the Practice act of that year, and the rules and forms accompanying the same, wherein return dajrs are eliminated from writs of summons, the words “at least two (or six) days before its return” are struck…
2Cited by1 opinion
- Ruckert v. Math Realty Co.Ohio Court of Appeals · 1941