Hamilton v. Smith

The sheriff of Jackson County appeals from the issuance of a writ of mandamus commanding him to “serve and execute Summons and process” in a proceeding for dissolution of marriage. The issue is whether the sheriff has a statutory duty to serve summonses in civil actions.1 We affirm.

On January 1, 1983, the sheriff, due to budget cuts, adopted a policy of refusing to serve summonses and complaints in all civil proceedings. Thereafter, respondent filed a petition for dissolution. The sheriff refused to serve a summons, the petition, an order waiving fees and costs and an order granting temporary…