Titus v. Relyea

The objection, that the summons does not state where the complaint “is or will be filed,” is not well taken. Section 130 of the Code only requires that the summons shall slate where the complaint “is or will be filed,” in cases where the complaint is not served with the summons. This language refers to any mode of service allowed by law, whether personally or by publication. It is not confined to cases of personal service. In this case, the order of the county judge required that a copy of the summons and complaint should be deposited in the post-office, directed to the defendant, at…