Swartzwelder v. Freeport Coal Co.

In the main I am in agreement with the dissenting opinion of Judge Fox, but I find no authority in the Reports of this State for the proposition that the truth of an officer’s return of service of process may be challenged by plea in abatement, if the defendant alleges he has a just defense to the suit or action.

It.is my view, subject to the exceptions hereinafter noted, that in the absence of fraud, collusion or deception on the part of plaintiff, the officer’s return of process cannot be controverted by any plea, regardless of the allegations therein contained. The- exceptions above…