Noleman v. Weil

This was an action of assumpsit, brought in the Marion circuit court. The summons was in the usual form. The sheriff indorsed on the back thereof an appointment of Thomas E. Ord, as special deputy, to serve the wilt. He made this return of service:

“I have served the within writ, by reading the same to Jacob P. Weil, this 1st day of August, A. D. 1873.

H. E. Hall, Sheriff.

By T. R. Ord, Special Deputy.”

At the return term, a motion was entered to quash the return, which the court sustained and dismissed the suit, and, thereupon, plaintiff appealed to this court.

The single question presented is,…