Purcell v. Bennett

*520The opinion of the court was delivered by

Hendrickson. J.

This writ brings up for review a judgment of the First District Court of the city of Newark. . It was in an action on contract, and the judgment was entered by default, the defendant not appearing. The summons was not served upon the defendant in the manner pointed out in the statute, but contained this endorsement, made six days before the return day: “Due and legal service hereby acknowledged Feb. 13, 1901, for the within named defendant. A. Van Grieson, Atty.” If it does not bind the defendant, then manifestly the court acted without…