Rood v. McDonald

Plaintiff in a bill of complaint filed May 31,1940, sought the cancellation of certain land contracts and reimbursement of all moneys paid and interest. Successive writs of summons were, issued, personal service finally made upon defendant Albert J. Stahelin on August 12, 1941, and proof thereof filed. On the sixteenth instead of the fifteenth day after service, Stahelin caused his special appearance to be filed and moved to quash the service. He based his motion upon the record and the fact that the original writ and the first and second alias writs were filed without any indorsement…