People v. Bull

By the Court.—Curtis, Ch. J.

This action is brought to recover a penalty or forfeiture.

The defendant moved to set aside the summons and dismiss the complaint, upon the ground that no statute is pleaded, and that no indorsement is made upon the summons, and that no reference to the statute under which the plaintiff claims is made, either in the summons or complaint.

The appeal is from the order denying this motion.

*21Under the general or revised statutes it is provided as follows :

“ Upon every process issued for the purpose of compelling the appearance of the defendant to any action for the…