Palmer v. Phalen

Cummins, J.,

This case comes before the court upon certiorari from a judgment entered by the magistrate upon a claim for wages. In support of the certiorari the plaintiffs in error have filed two exceptions to the justice’s record.

The first exception is to the effect that the summons issued by the magistrate was not served by the constable nearest or most convenient to the defendant. The plaintiff in error evidently relies on section 2 of the Act of March 20, 1810, 5 Sm. Laws, 161, which provides that in the institution of an action of assumpsit, the magistrate’s summons shall be “directed to…