Cunningham v. Bostwick

This proceeding in forcible entry and detainer was begun by Bostwick and Best to recover possession of a section of land in Arapahoe county. The petition was filed with Morse, as justice, about the 20th of January, 1894. The justice issued a summons and delivered it to one Duffield, who returned it served, signing his service as special constable. No appointment was indorsed on the summons, nor was Duffield otherwise commissioned as an officer. On the 27th, Cunningham appeared and moved to quash the summons and abate the suit because it was not served on him three days before the return day,…