Barndollar v. Patton

It is assigned for error, first: that the second summons was-issued more than thirty days after the filing of the complaint.’ Sec. 30 of the Code provides that at any time within one month after the filing of the complaint the plaintiff may have a summons issued. This clearly refers to the summons first issued in the case. The Code makes no provision for an alias summons. The Supreme Court of California, in considering a like feature of the Code of that State, in the case of Dupuy v. Shear, 29 Cal. 240, say: “ A technical alias summons is not known to our law, and in fact, under our system of…