School District No. 38 v. Waters

Appellee sued appellant before a justice of the peace of Boulder county to recover upon an alleged breach of contract of employment as a school teacher.

Appellant, specially appearing, moved to quash the summons and abate the suit, upon the grounds that defendant had not been served with summons by any officer authorized by law to serve the same; that by the return it did not appear that the defendant was summoned; that it did not appear from the record that the justice of the peace had authority to appoint a special constable, and that the defendant had not been served.

The above motion was…