Darling v. Abbott

This suit was commenced by attachment. The writ was issued December 17, 1920, and the return day of the summons in the writ was fixed as January 4, 1921. The attachment was executed by seizure of logs on the day it was issued, and the summons was returned unserved. Decision of a special motion in the circuit will first be considered. Defendant claims the summons was prematurely returned and so he appeared specially in the case and moved for dismissal of the suit. At the hearing on such motion testimony was taken. The motion was denied and exceptions to such denial filed. Thereafter defendant…