Haskell v. Dutton

Sullivan, O. J.

The decision assailed by this proceeding is obviously correct. The action was brought by Willard Dutton upon *275a. promissory pote signed by Riley E. Haskell and J. D. Haskell. One of the defendants was summoned in Lincoln county and the other in Custer county. Each appeared specially and challenged the jurisdiction of the court. The main question raised by these challenges is whether J. E. Evans, who acted as deputy clerk in filing the petition and issuing process, had authority to act effectively in the premises. The facts bearing upon the point in controversy are these: When…