Shafer v. Humphrey

Mason, Justice.

This is a motion to set aside complaint *565for the one amongst other reasons, that the plaintiff’s complaint does not conform to the summons, in regard to the nature of the action. The summons, which was served on the 13th December, 1857, stated that if the defendant failed to answer the complaint as required, that the plaintiff would take judgment against the defendant for $300, with interest, besides costs. On the 12th day of January, 1858, H. Krum, Esq., defendant’s attorney, served notice of retainer, and that he appeared in the action for the defendant, and demanded a copy of…