Reedy v. Howard

Citations

• 11 S.D. 160
• 76 N.W. 304
• 1898 S.D. LEXIS 94

Syllabus

<p>1. The fact that a motion to quash the service of a summons includes a mo- . tion to dismiss the action will not, except in case of attachment (Laws 1895, Chapter 67), or where the statute of limitations might operate as a bar (Comp. Laws, §4858), constitute a waiver of the defect in. the service, since an a'ction is commenced by service of summons (Comp. Laws, . § 4892), and the effect of quashing the service is to terminate the action.</p> <p>'2. Where it is clear that defendant intends only to take advantage of a defective service of summons in his motion to quash the service, the fact that the attorney signed the motion as “attorney for defendant” will not make the appearance general.</p>