McClure v. . Fellows

The defendants entered a special appearance and moved to vacate the attachment and dismiss the action upon the ground that no summons had issued, and that the levy of the attachment was void and of no effect. His Honor overruled the motion, and defendants excepted and appealed.

From the facts agreed it appears that the summons was filled out and signed by the clerk, but never issued to the sheriff or to any one for him, but remained in the office of the clerk. An order of publication of the summons and of the warrant of attachment was duly signed by the clerk, and the same was duly published.…