Jackson v. Sherwood

By the Court,

Mason, J.

The statute declares that the constable, in serving a summons, shall return thereupon, in writing, the time and manner in which he executed the same, and sign his name thereto. (3 R. S. 428, § 14, 5th ed. 2 id,. 228, § 16, 1st ed.) The 271st section of second Revised Statutes, 273, authorizes the justice to empower a proper person, of lawful age, and not a party in interest in the suit, to serve a summons. The 272d section declares that the person so empowered shall thereupon possess all the authority *357of a constable in relation to the execution of such process, and shall…