Johnson v. Barthold

Reeves, Associate Justice.

In this case it is contended by counsel for the plaintiff in error that the sheriff’s return of service is defective in failing to show that the defendant was served in person with a copy of the writ and petition as the statute requires. The sheriff’s return is as follows: “Executed by delivering to B. C. H. Johnson a true copy of this citation, together with accompanying certified copy plaintiff petition, April 22, 1874.”

The cases referred to in the briefs are not applicable to this case, and do not sustain the objection to the service.

In the case of Roberts v.…