Madden v. Riedel

The opinion of the court was delivered by

BURCH, J.:

Madden sued Riedel before a justice of the peace, and by his attorney requested that the summons be served by a person specially deputed for the purpose, which was done. The defendant appeared specially and filed a motion to quash the service of summons upon him because of facts alleged to be sufficient to vitiate the appointment and authority of the special constable. The proof of such facts was contained in an affidavit filed with the justice, and in an admission of the parties which the justice entered upon his docket. The motion was…