Mencken v. Finch

SHARP, J.—

The summons in this case was issued May 25, 1905, and made returnable October 9, 1905. The defendant was returned summoned. The case was continued to October 16, 1905. October 12, 1905, the case was removed by the defendant to the magistrate for the First Ward. On November 3, the parties appeared, trial was had, and a judgment rendered in favor of plaintiff. Defendant appealed.

The defendant now moves to dismiss the suit because the summons was illegal, not being- made returnable in forty days. The motion must be granted. Code, Art. 52, Sec. 21, provides :

“The process when issued by…