Schuman v. Joseph H. Cohen & Sons, Vanity Clothes, Inc.

This appeal involves the authority of the clerk of the district court to issue an alias summons without an order of court when the return to the original summons used the following language: “Not found in my county.”

The defendant in error, hereafter called the plaintiff, on August 12, 1929, filed its petition in the district court of Pottawatomie county, in which it prayed judgment against the plaintiff in error, hereafter called the defendant, in the sum of $589 upon an account. On said date a praecipe for summons was filed, and in pursuance thereof a summons for the defendant was issued…