9 S.D. 252 | S.D. | 1896
The only service of the summons and complaint in this action upon the defendant James P. Wilson, a practicing attorney, was obtained on the 1st day of August, 1895, at his office, and in his absence, by delivering to and leaving with his clerk, Joseph W. Musgrave, copies thereof. After moving to vacate and set aside the summons and complaint upon the jurisdictional ground that the same had not been properly served, the defendants answered the complaint, and for a cause of action against plaintiff, interposed a counterclaim, upon which an affirmative judgment for 1235 was demanded. A trial to a jury resulted in a verdict and judgment against the defendants in plaintiff’s favor, and the defendant Wilson, who alone appeals, assigns as error and for a reversal relies solely upon the ruling of the court upon the motion to vacate and set aside the service of the summons and complaint.
The indubitable purpose of a summons and statutory method of service is to personally apprise the defendant that an action has been commenced, and the nature thereof, so that, within a specified time, he may act advisedly with reference