Rees v. Scott

McDonough, chief justice.

This appeal challenges an order granting a motion to quash summons on the ground that the deputy sheriff who served it failed to put the date on the copy he left with the defendant.

Rule 4(j), U.R.C.P. prescribing the manner of service of summons provides:

“At the time of service, the person making such service shall endorse upon the copy of the summons left for the person being served, the date upon which the same was served, and shall sign his name thereto, and, if an officer, add his official title.”

It is urged that the omission of the date was inconsequential; that…