On Certiorari to a Justice of the Peace.
A constable’s return to a summons, that he left a copy at defendant’s house &c. without stating “ the defendant not found,” is defective.
*354 Mr. Chapman,
moved for a reversal of the judgment of the justice.
1. Because, in the summons, the day of appearance, and the sum demanded, were in figures. 1 Harr. Rep. 23. Ross v. Ward.
2. Because the constable’s return states the service of the summons by “ leaving a copy ” &c. without saying “ the defendant was not found.” Rev. Laws, 630 s. 6.
This case differs from that of Ross v. Ward. In that, the summons was unmeaning and unintelligible. The use of figures is not fatal. But the second objection is well taken. On that ground let the judgment be.
Reversed.
Cited in Gardner v. Small, 2 Harr. 163.
16 N.J.L. 353
Nothing yet... Still searching!
Nothing yet... Still searching!