Nelson v. Lennon

MR. JUSTICE METCALF:

The complaint in this action was filed on December 19, 1947, and summons was issued. The defendants are father and son. The complaint alleges that the son, John Lennon, negligently injured the plaintiff in an automobile accident. The- sheriff’s return shows that he personally served John Lennon and the father, John F. Lennon.

On January 8, 1948, counsel for the plaintiff learned that John Lennon was in fact a minor. A praecipe was filed with the clerk of court of Cascade county requesting that an alias summons be issued for the reason that “the original summons issued in…