Vandement v. Trisler

The plaintiff obtained a judgment by default before a justice of the peace. The defendant asks a reversal on the ground that the return of the constable of the writ of summons does not show a compliance with the requirements of the statute prescribing the manner in w'hich the service of summons and the return thereof shall be made.

Section 6475, Revised Statutes, provides, among other things, that the summons “must contain the name or names of the defendant or defendants * * * and command the officer * * * serving the same to summon the defendant or defendants to appear * * * at a time therein…