Beard-Laney, Inc. v. Darby

Mr. Associate Justice Oxner

delivered the unanimous Opinion of the Court.

The only question for determination on this appeal is whether under the circumstances of this case a formal summons was indispensable to the jurisdiction of the Court. The lower Court held that the rule to show cause hereinafter referred to met all the requirements of a summons as prescribed by the Code of Civil Procedure and that it was not necessary to issue or serve on appellant any further process. Appellant’s counsel contend that it was mandatory that the action be commenced by the service of a summons and as this…