State Ex Rel. Montgomery Ward & Co. v. District Court

Relator seeks a writ of supervisory control or other appropriate writ to require the respondent district court and the judges thereof to quash the service of summons in two eases in which it is named as defendant, its motions to that effect having been denied by the respondents. The facts material to this proceeding are identical in the two cases and will be stated as if only one case were involved.

Complaint was filed and summons issued on March 29, 1941. On September 3, 1942, for some reason not disclosed by the record, the summons was brought back to the clerk’s office without a return, but…