Lower v. Wilson

Citations

• 9 S.D. 252
• 68 N.W. 545
• 1896 S.D. LEXIS 146

Syllabus

<p>l. Where defendant, after his motion to set aside the summons, which had been improperly served, had been overruled, interposes a counterclaim, and demands an affirmative judgment, he waives the question of jurisdiction over his person.</p> <p>2. A clerk in an attorney’s office, authorized to accept service of papers in cases where the attorney has been retained professionally, has no authority to accept service of-summons in action against the attorney.</p>