Toenniges v. Drake

Beck, O. J.

The principal question submitted for adjudication in this case is whether, under our statute, a plaintiff can serve his own summons.

The record discloses that Drake, one of the plaintiffs below, was specially appointed by the sheriff of Gunnison county to serve the summons in this case, and that he did serve and return the same in manner specified in the Civil Code. ,

The provision referred to is as follows:

“ The summons shall be served by the sheriff of the county where the defendant is found, or by his deputy, or by a person specially appointed by him, or appointed by a judge of…