Vergo v. City of Mulberry

The opinion of the court was delivered by

Smith, J.:

This is an action against a city for money. Defendant’s motion to-quash the service of summons upon it was sustained. Plaintiff has appealed.

The praecipe requested the clerk to issue a summons for defendant, city of Mulberry, a municipal corporation, for service upon Leonard Dugan, mayor. The summons was served by the deputy sheriff, leaving it with the mayor’s wife, at his residence during his absence from home. The city appeared specially and moved to quash the service. On the hearing of this motion the affidavit of the mayor that on the…