Smith v. Egner

The complaint in this case was filed on the 14th day of May, 1873, in the Independence circuit court, and alleged as the cause of action a debt due the plaintiff, as evidenced by a promissory note. A summons was issued against the defendants, served upon two of them, namely, Smith and ■Byers, on the 16th and 17th of May, by delivery of copies to them respectively, and served upon the defendant Archer by “delivery of a copy to his wife on the 20th of May.” At the June term following, Smith, having appeared for that purpose alone, moved to quash the summons, on the following grounds:

“1. Because…